Montross Miller: Indiana’s Premier Medical Malpractice Attorneys
As the premier law firm handling some of the toughest cases of Medical Malpractice in Indiana since 1980, the team of lawyers for medical malpractice at Montross Miller LLP has a successful track record representing injured clients in arbitration and in court as they seek compensation for resultant losses. One of the reasons for that success is our thorough knowledge of the many answers to that deceptively simple question: What is Medical Malpractice?
Whereas we’re the lawyers other Indiana lawyers turn to when a Med Mal case becomes exceedingly complex, we’d like to take this webpage to define this legalistic term for the lay audience. We’ll also enumerate typical examples of legitimate, injury-causing Medical Negligence by a doctor, nurse, chiropractor, dentist, obstetrician, hospital, nursing home, extended-care facility or any health care provider in whom patients place their trust and well-being, so that you might better recognize possible instances of Medical Malpractice when you see it.
The vast majority of medical professionals in the state of Indiana are highly competent, dedicated, and at all times beholden to their sworn oaths as healers; theirs is indeed a noble profession. However, when those relatively rare cases do occur and injuries result, medical malpractice lawsuits could be warranted – and they typically originate when something like this happens:
- Misdiagnosis or failure to diagnose, including failure to recognize symptoms of and order appropriate testing for serious health problems such as heart ailments or cancer.
- Misreading or ignoring patient’s medical history, X-rays, lab reports, and CT and MRI scans.
- Pharmaceutical or medication error resulting in inaccurate dosages, harmful or injurious drug interactions, and administration of wrong medicines.
- Injuries during childbirth, including cerebral palsy, Erb’s palsy, and brain trauma, due to asphyxia, hypoxia, incorrect monitoring of fetal strips, or other specific cause.
- Improper or delayed emergency treatments or ER care.
- Anesthesia injuries causing stroke or brain damage.
- Surgical mistakes such as wrong-site surgery, incorrect limb amputation or organ removal, and medically unnecessary surgery.
- Premature hospital discharge or inadequate follow-up care.
- Neglect or abuse by nursing home or extended-care facility staff.
There are many actions (or inactions) which could be construed as a case of Medical Malpractice due to negligence…and “negligence” is the key concept: Medical Malpractice is defined as improper, incorrect or insufficiently attentive care – i.e., negligence – that’s demonstrably below what’s reasonably expected of a healthcare professional, and which directly results in harm, injury or even worse outcomes for the patient. Indiana code allows civil action to remedy med-mal claims so that the injured patient can be fairly compensated for all losses and damages, including present and future loss of income, increased medical expenditures, and restitution for the person’s undue pain, suffering and anguish.
How much a plaintiff receives in compensation, whether in pre-court settlement with the doctor’s or hospital’s insurance company or at a courtroom trial before an Indiana jury, depends in part on the seriousness of the defendant’s negligence or recklessness in committing the injury-inducing malpractice, as well as the severity of the injuries thus induced. Other factors entering into the award amount’s calculation are lost wages, medical bills, legal fees, and physical disability caused by the malpractice. The Indiana Medical Malpractice Act establishes upper bounds on Med Mal settlements, as well as the percentage of a settlement attorneys can take as their fee.
Obviously, every case that requires a Medical Malpractice Lawyers in Indianapolis is unique; like snowflakes, fingerprints or faces, no two sets of Med Mal circumstances are ever exactly alike. Montross Miller LLP of Indianapolis, IN, is a distinguished law firm among the Hoosier State legal profession for taking on the most complicated Medical Malpractice cases and turning out the most compelling argument backed by thorough research and unparalleled expertise. While every Medical Malpractice lawsuit is indeed unique, chances are we’ve handled a case like yours before. Call the phone number of the premier Indianapolis medical malpractice attorneys at 317-574-4500 or 1-888-599-2640 for your FREE consultation and let’s see how we can help.
The Process Of Filing a Medical Malpractice Lawsuit In Indiana
Well before Montross Miller’s attorneys make any appearance before a jury in court, an arbitration board or in a pre-trial settlement hearing with defending corporations and insurance companies, we’re working on your case – and the first step in our time-tested procedure is to determine whether you have a case at all.
You, as our client, will be given a FREE consultation with one of our qualified paralegals. We learn all available details of your potential claim, including the gathering of relevant facts and documentation. Then our team of esteemed attorneys discuss the facts of the claim in a case review meeting. We rely upon over a century of combined experience litigating Med Mal cases in court to assess the likelihood of satisfactorily proving your claim in a medical malpractice lawsuit and demonstrating the extent of the damages you suffered as a result.
(Please note that not every instance of alleged Medical Malpractice is worthy of litigation. However, cases of negligence, mistakes, and improper or unfollowed procedures do occasionally occur; when they do, the proper recourse is litigation to seek restitution for all the damage, pain and anguish the malpractice has caused. That’s the role Montross Miller has assumed as Indiana’s medical malpractice attorneys since 1980 – and that’s why we’re often trusted by other law firms as partner attorneys for some of the toughest precedent-setting cases in Indiana: Medical Malpractice, Personal Injury, and Wrongful Death.)
If our attorneys deem your claim carries sufficiently meritorious evidence that we believe we can convince a jury, arbiter or insurance company to view it as a genuine, credible case and win an amount of compensation for our client that is fair and justifiable, Montross Miller LLP will enter into an attorney-client relationship and take the case – no matter how convoluted, complicated or complex it is.
Upon agreeing to represent the client in the case, the Montross Miller attorney holds a direct meeting to confirm and supplement the body of known knowledge about the client’s claim and obtain authorization for the release of medical records. Once obtained, the records and the information are reviewed by a respected local physician or health care professional, who then issues an opinion as to the claim’s credibility and winnability.
Taken all together, the records and statements and professional opinions are reviewed by our attorneys and explained to the client, at which point Montross Miller and the injured party decide whether to proceed with litigation. If so, we commence legal proceedings in accordance with the IMMA, the governing law in the Hoosier State for med-mal cases – at which point you have an actual claim in the system.
The Indiana Medical Malpractice Act
Even when Montross Miller takes your claim, the case isn’t going to a court trial yet (and, statistically speaking, it could likely be resolved before it ever gets there). The IMMA mandates that the initial step in bringing a lawsuit for medical negligence against a doctor, dentist, healthcare professional, hospital, nursing home, or other private institution is to file a “proposed complaint” with the Indiana Department of Insurance.
The DoI notifies the defending physician or corporation and its liability insurance company that a claim has been filed. Defense attorneys are typically then brought in to defend against the claim.
The two sides form a medical review panel consisting of one qualified doctor per each party, and a third physician chosen by the other two physicians. The job of the review panel is to take an accounting of the entirety of information submitted by both the claimant and the defense, and be open to questioning by lawyers for either party. Upon completing the reviews and the questions, the expert medical panel issues a non-binding opinion on the supportiveness of the evidence for the injured party’s claim.
The opinion of the review panel is often persuasive, but regardless of the opinion, the plaintiff retains the option of taking the case to court and proceeding with a jury trial to resolve the medical malpractice lawsuit.
Should your case reach that stage, the accomplished and vastly experienced trial lawyers of Montross Miller LLP then have the opportunity to state your case directly to a jury, making use of our exhaustive research and attention to detail to portray exactly what happened that rendered you injured, what should have happened instead, and what is the severity and extent of the injuries you suffered – all to ensure we put ourselves into optimal position for winning our claim of compensation for the full amount possible under the law. Those monies are paid to the injured party from the Indiana Patient Compensation Fund (Indiana PCF).
Get Indiana’s Best Medical Malpractice Lawyer On Your Side
When convalescing from the aftermath of a severe personal injury due to medical negligence, you and your family need one less thing to worry about. Call experienced medical malpractice attorneys in Indianapolis, the law firm of Montross Miller LLP, at 317-574-4500 or 888-599-2640; request your FREE consultation to discuss the details of your Med Mal claim so we can provide expert legal advice and determine whether and how to move forward with a medical malpractice lawsuit. If you’ve suffered injury or been harmed as a result of Medical Malpractice and Negligence by health care providers, work with the Indy-based lawyers who for 40 years have provided Strength Today and Security Tomorrow.™
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Indianapolis, IN 46240