Yes, your brother has the right to sue. He should find an experienced medical malpractice attorney and ask for a consultation. Every state has deadlines for filing lawsuits, so he should look into it right away. In order to succeed at a medical malpractice lawsuit, you need to prove that the doctor or surgeon was negligent. This means that he or she fell below the standard of care. You also have to prove that his or her negligence was the cause of your injury. Because these cases are expensive to pursue, attorneys generally only take cases where there the injury is significant and the chances of recovering damages are good. It's hard to know whether you have a case until you sit down with an attorney and go over all the details.
I handle medical malpractice cases in the state of Indiana. The medical malpractice is act is complex. A patient doesn't initially have a right to sue an Indiana physician who is a "qualified physician" under the Act. The first procedure is to file a proposed complaint with the depart of insurance, which begins the medical review panel process.
Your brother should contact an Indiana licensed attorney. If he would like a copy of my free consumer guide to Indiana malpractice cases, you can request one by email.
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