What to expect from your medical malpractice lawyer

Posted in: Medical Malpractice | Jan 06,2022

Successful medical malpractice cases result from quality client and attorney communication that are the basis of carefully structured legal arguments built on intimate knowledge of Indiana malpractice law. With a deep bench of experts and a team of attorneys committed to serving clients in complex medical malpractice cases, the best possible outcomes occur. In this post, we’ll cover what to expect from your medical malpractice lawyer.

Foundational Knowledge for Finding the Best Medical Malpractice Lawyers

It’s helpful to have some foundational knowledge on medical malpractice if you’re thinking about talking to medical malpractice lawyers. Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.

What are four conditions needed to establish medical malpractice? 

  1. Standard of care is violated. The patient’s rights include the right to expect a standard of care from health care professionals—common standard practices across case types.  
  2. The injury must have resulted from medical malpractice, must be more than an inconvenience, and cannot have been possible without malpractice. 
  3. Significant damages occurred as a result of the injury. The injury must cause substantial pain, disability, financial distress, or other obstacles to daily life. 
  4. The defendant must be a professional. Malpractice only applies to professionals who are expected to know what they are doing in their field of work.

How hard is it to win a medical malpractice case? 

Expect your medical malpractice attorney to understand this truth of any medical malpractice case: medical malpractice is complex and nuanced. It will require attention to detail and adherence to the state’s specific laws. The Indiana Medical Malpractice Act sets the parameters within the state of Indiana as to who can sue, when they can sue, and the limits of what a specific case can bring in monetary damages.

 The process of filing a medical malpractice claim is unique. In Indiana, patients must file claims within the first two years of the incident. The claim must be filed with the Indiana Department of Insurance. After these criteria are met, the plaintiff’s and defendant’s teams then work together to form a medical review panel that reviews the case and expresses its view on the case before it proceeds to settlement or court. 

What is the average payout for malpractice?

Indiana caps damages at $1.25 million in an effort to keep insurance rates lower than in other states that do not have caps on damages, which allows more physicians to be able to afford to practice in the state. Damage awards can and do vary

How to Prepare For You Meeting

Get your case started on the right foot by providing your lawyer as many of the facts as you can possibly gather. You’ll likely do a great deal of talking in your initial consultation. That conversation can be highly productive if you’re prepared:

  • Build a list of all the healthcare providers who have taken part in your care relative to the medical event. 
  • Outline, in written form, your treatment program in fine detail.
  • Catalog your condition in journal form or with photographs.
  • Gather documentation from your healthcare providers, pharmacy and insurers. 
  • Calculate your lost wages using factual information from tax records or tax stubs.
  • Get your legal questions together for an introductory conversation with your attorney.

How to Find the Right Medical Malpractice Lawyer For You

Lawyers are human and varied. You want a legal team that relates to you, works in a way that makes sense to you, and meets your expectations of quality legal representation. Consider your preferences: 

  • Do you want to hand your case over to the lawyers and let the case run its course? 
  • Would you prefer to be hands-on and work in a collaborative dialogue with your legal team? 
  • Do you expect your medical malpractice lawyer to have experience working with medical experts? 
  • Do you expect your medical malpractice lawyer to have experience in medical malpractice cases and success in winning settlements for their clients? 
  • Do you expect your medical malpractice lawyer to be a lawyer that other lawyers reach out to for medical malpractice expertise? 
  • How long does your lawyer expect your case to last? When would a settlement be appropriate? Could this case end up going to court? 

Some of these questions might be resolved in your first meeting, others will take time to reveal themselves or will be evident only after a lawyer has surveyed the facts of your case. Answering these questions can help you as you seek recommendations or interview potential attorneys for your case. 

As you can see from this brief description of the process, it’s a process fraught with complexity and seeming contradictions. Knowing what to look for, how to prepare and what to expect from a medical malpractice case will help you know when and who to hire for your case. 

The process of exploration and consideration of a medical malpractice lawsuit need not be a burden. The attorneys at MontrossMiller offer our prospective clients the courtesy of a free case evaluation and will work on a contingent fee plus cost-recovery basis. If there is no recovery, there are no attorney fees.