1. Medical malpractice is the third leading cause of death, according to the Journal of the American Medical Association.
2. Just because you had a bad medical experience does not mean there is a case. Many procedures are very risky in nature.
3. To win a malpractice lawsuit, you will need to be able to show negligence, resulting in further injury.
4. Symptoms of medical malpractice do not always appear right away.
5. Medical malpractice covers a wide range of medical errors. This could be a diagnosis, medication dosage, health management, treatment, surgery, or aftercare.
6. In Indiana, a medical malpractice case is typically filed in the same county that the malpractice occurred.
7. Indiana doctors are not required to carry malpractice insurance, however, most do.
8. Every medical malpractice case has a statute of limitations. According to the Indiana malpractice law, the patient has up to two (2) years from the date of the malpractice to bring a claim. The time limits are different for minors in some circumstances. However, there are exceptions that your lawyer needs to be consulted on.
9. On average, it will take six months for a lawyer to properly investigate a case. This starts from your first call. Your lawyer and you can then decide to move forward with a lawsuit or not.
10. If you feel you might have a case, it is important to document everything. Every appointment, conversation, procedure, diagnosis, and test completed should be properly documented, as best as possible.
11. There must be a direct link between an alleged negligence and the injuries claimed to be from the negligence.
12. The plaintiff, the person filing, has the burden of proof. This means it is their responsibility to prove there was negligence by the defending party.
13. Unfortunately, in most cases when medical negligence is suffered it is too minor and is not worth pursuing a lawsuit, as a malpractice suit in Indiana could take 6 years or more to complete and are very expensive.
14. Birth injuries are one of the most devastating cases and, naturally, require some of the highest damage amounts.
15. Most infection cases are a result from having a medical procedure.
16. It is always a good idea to order your medical records as soon as possible.
17. Even if you signed a consent form, you might still have a case.
18. Medical malpractice cases are rarely quick cases. There is usually a delay by the insurance companies in hopes they can fight the case. Stay calm and fight the good fight.
19. A good lawyers will be aggressive to get you what you deserve in the quickest time possible.
20. Medical malpractice trials can easily last 2-3 weeks.
21. The standard of care, or the level of care by a competent health care professional with a similar background would have provided under the same circumstances, can be very subjective and differs from location to location.
22. To have a strong medical malpractice case, you will need to have a doctor in the same area of practice testify that in their medical opinion, malpractice did occur.
23. It is a conflict of interest for doctors to speak ill about their other doctors in their practice. It is often best to seek an expert opinion from doctors out of their network.
24. Good lawyers will spend 1,000+ hours working on a medical malpractice case.
25. In medical malpractice cases, it could be doctors, nurses, hospitals, facilities and the like that are being sued. Each of these identities would need their own lawyers. Coordinating so many schedules can be a challenge, so cases are often scheduled months down the road. This is often a reason for why a case may take longer than expected.
26. Young and eager attorneys, having less than ten (10) years’ experience, will
gladly accept a medical malpractice case, but it is most beneficial to seek an
27. Many law firms already have had relationships with doctors and nurses to help perform initial review of cases.
28. While medical malpractice lawyers often handle personal injury cases, the reverse is not the same. Personal injury lawyers usually do not handle medical malpractice cases.
29. There are very few firms that have a track-record of winning medical malpractice cases. Hiring inexperienced firms can ruin your chance of winning your case.
30. Veterans Administration hospitals are held liable for medical malpractice under the Federal tort Claims Act. Their rules and procedures will be handled differently.
31. The success for plaintiffs in smaller downstate regional counties is very low.
32. Sadly, medical malpractice cases for the elderly are hard cases to win. No matter how bad the care was, their case damages are limited as their life expectancy is already short.
33. In a winning case, there is a cap to how much can be won depending on when the malpractice occurred. No punitive damages are allowed.
34. Medical malpractice attorneys work on a contingency basis. This means they can only receive payment if your case wins. Under Indiana Law, attorney fees are capped at 32% of the money recovered.
35. Medical malpractice cases are very expensive to bring to trial. Many attorneys will have to pay out of pocket $100,000 in expenses for expert and court fees.
36. You hold responsibility for your own treatment. Failing to do so can be contributary negligence. If your fault contributed to the bad result, your case will be barred from recovery, under Indiana Law.
37. Every case is different and there is no way of outlining how much a case is worth if winning or settling.