Indianapolis Medical Malpractice Attorneys
Answer Frequently Asked Questions

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FAQS

ARE HOSPITALS LIABLE FOR THEIR EMPLOYEES’ NEGLIGENCE?
The direct answer is that you don’t know unless you have the case evaluated by a doctor. In order to succeed in a malpractice claim, you must prove that you received substandard care, that you suffered an injury, and that the substandard care caused the injury.

All three of these elements must be proven by an expert witness.

HOW DO I KNOW IF I HAVE A MEDICAL MALPRACTICE CASE?

The direct answer is that you don’t know unless you have the case evaluated by a doctor. In order to succeed in a malpractice claim, you must prove that you received substandard care, that you suffered an injury, and that the substandard care caused the injury.

All three of these elements must be proven by an expert witness.

HOW DO I PROVE MEDICAL NEGLIGENCE?
Our firm has over 30 years of experience in Indiana Medical Malpractice law. Our staff includes a physician attorney and many experienced paralegals who work with our attorneys to help you. Our people, knowledge, systems and network of professionals help to maximize the strengths of your case.
HOW TO FILE A MEDICAL MALPRACTICE CLAIM?
In general, you have two years from the date of the malpractice to bring a lawsuit. However, the time for bringing a claim may be extended if the malpractice continues over a period of time. Young children have either two years or until their eighth birthday to bring a malpractice claim, whichever is later. This can be a complicated issue and requires a review by an attorney. It is a good idea to get advice about a potential medical malpractice lawsuit as soon as possible, so records can be obtained and a complete review conducted.
HOW MUCH CAN YOU GET FROM A MALPRACTICE LAWSUIT?

Every medical malpractice claim is different, and it is difficult to determine the exact value. One issue is whether the claim is for injury or death. The ultimate answer is that your claim is worth whatever a jury will award you.

Some factors that go into determining the value of a claim include:

  • Past and future medical bills caused by the malpractice
  • Past and future lost wages
  • Permanent impairment
  • Pain and suffering
  • Emotional injury
  • If death, loss of love and affection and companionship of a deceased loved one.
  • If there is a minor child, loss of parental guidance.

Under Indiana law, the defendant and the insurance carrier are responsible for the first $400,000 of damages. The Indiana Department of Insurance is responsible to pay for any additional damages up to a maximum of $1,250,000. If a jury were to award a higher amount, the judge will automatically reduce the award to the statutory maximum recovery of $1,650,000.

HOW LONG DOES A MEDICAL NEGLIGENCE CASE TAKE?
It varies. The case must be reviewed by an MRP and may also go to a jury trial. Most cases take over a year, and some take several years. Contact our office for an evaluation of your case.
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SUCCESS STORIES

Nate consulted with medical experts, dug in and proceeded with the civil suit. I remember him telling me several times that [my wife’s] story was compelling and was deserving of his team’s full commitment and skill. We eventually settled before trial and were thrilled with the results, we felt justice prevailed. Nate was patient, thorough and a trusted advisor to us through this.

–T.H.

He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband. Now, he will be taken care of for the rest of his life.

–T.R.

Scott did a truly amazing job for us. It was not just about the legal work; he was there for us every step of the way. From rehab, through settlement and even making sure appropriate financial arrangements were in place for the future. He went to bat for us with health care providers and workman’s comp people. He fights for what is right. He really cared about what happened to my husband.

–T.R.

Belinda was very responsive. I am very pleased. They are great at what they do.

–L.H.

Mike Miller and the firm were all excellent to work with and were extremely professional.

–C.M.

We worked with Brad Kallmyer who was phenomenal. He listened well and was very thorough and professional. I give all the credit to Brad. The staff was very kind, very understanding. They made my mom feel important. Brad’s integrity and the firm came through for us. They were great.

–C.M.

Words cannot express how tremendously grateful my husband and I are to Nate and his team during the most difficult times in our lives. He walked us through every step with the up most respect, never hesitating to answer any and all questions, or simply giving us a word of encouragement. It was a relief to know that he was always on our side, fighting for our case and believing that it was worth fighting for.

–C.L.

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