When it comes to representing and serving our clients, one of many roles we adopt at Montross Miller LLP of Indianapolis IN – as Indiana’s premier Medical Malpractice lawyer – is that of educator. Of course, we play myriad other parts, too: Expert legal counsels; thorough, diligent case researchers; compassionate, empathetic listeners; experienced, successful trial attorneys; so forth. From the FREE initial consultation with our staff until your claim is resolved, we truly work for our client’s interests in seeking the fairest settlement for their injuries (or for a wrongful death in their family) resulting from a doctor’s or hospital’s negligence. We even assist those awarded monetary compensation, guiding them toward qualified experts for the most prudent management of our client’s remuneration. It’s part of the Montross Miller difference since our firm was established in 1980, and part of what has made us one of the Midwest’s top law firms ever since.
But education is key, and we believe that an informed client makes a better chance for our team to succeed. So in keeping with that mission of educating those who may have suffered harm or injury due to Medical Malpractice in Indiana, our team of elite Indy-based Med-Mal lawyers would like to impart some essential knowledge about medical negligence and the litigation thereof:
What is Medical Malpractice, legally speaking?
Medical Malpractice occurs when healthcare providers, through an action or omission, are negligent in their care of a patient, directly resulting in injury, harm or death. A provider could be an individual professional (doctor, dentist, nurse, technician, surgeon, therapist) or an institution (hospital, nursing home, extended-care facility, elder care facility). The negligence could arise during diagnosis, treatment, or aftercare.
So what is negligence and how do we show that it caused personal injuries or wrongful death?
Medical negligence is committed when the provider fails to provide a recognized, adequate standard of care to the patient. As prescribed in the Indiana Medical Malpractice Act, a review panel of three qualified physicians – selected by both the injured party and the defendant provider – will submit a recommendation on the merits of the medical malpractice claim, including whether the level of care provided was indeed sub-standard.
How does the Indiana Medical Malpractice Act fit in?
The IMMA governs how medical negligence cases are litigated here in the Hoosier State. It stipulates that a claim of medical malpractice begins by filing a complaint with the Indiana Department of Insurance, which notifies the defendant and their insurance carrier. An expert panel is commissioned, hearings are held, oral and written arguments are presented by Montross Miller and by the defending attorneys, questions are asked and answered, and an opinion is issued. At any time a pre-court settlement may be reached. If not, a jury trial can be pursued regardless of the panel’s recommendation.
I was injured in the hospital and I believe the doctors were negligent. Do I have a legitimate Medical Malpractice case?
Let’s find out. The first step is to call the Montross Miller legal team at our Indianapolis law offices (317-574-4500 in Greater Indianapolis; 888-599-2640 throughout Indiana and around the Midwest) and explain in detail your Medical Malpractice claim. Our experienced attorneys will realistically assess the potential case and make an earnest decision as to whether to pursue litigation. If so, we will get to work on your behalf, compiling research, acquiring records and interviewing experts.
In Indiana, medical malpractice is a complex, complicated process. Families suffering from the pain, anguish of injuries or death due to medical malpractice need the best, most comprehensive legal assistance to get fair compensation for their losses and damages. It helps to have Indiana’s most respected Medical Malpractice lawyers, the attorneys of Montross Miller, at the table with you.
Need a Medical Malpractice Lawyer? Contact Montross Miller:
Indianapolis, IN 46240