About Medical Malpractice Lawsuits

  1. Investigation and review of medical malpractice claims
  2. The Indiana Medical Malpractice Act.
  3. Settlement of medical malpractice claims.
  4. Trial of a medical malpractice lawsuit.
  5. Attorney fees.
  6. Litigation expenses.

Investigation and review of medical malpractice claims.

It is very important that potential medical malpractice claims be investigated and reviewed by experts familiar with the area of medicine involved. It is the policy of our firm to have all cases reviewed prior to bringing any lawsuits. We generally begin our contact with the client in a phone conversation. In that phone conversation, a paralegal takes detailed information about the claim. That claim is then discussed at a case review meeting attended by our attorneys where they determine whether the case should be investigated further.

If the case should be investigated, the client comes to the office for a conference with the attorney. In that conference, the attorney gets additional information about the claim, explains the procedure behind bringing a claim and answers any questions. In addition, authorizations for release of medical records and a representation agreement may be signed. Our firm then collects all of the medical records. The records are organized by a paralegal and a physician is hired to review the records and express an opinion. Once the reviewing physician has expressed an opinion as to whether there is a legitimate claim, we meet again with the clients to explain the recommendation, and to help the client make a decision to go forward with the claim or not.

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The Indiana Medical Malpractice Act.

Medical malpractice lawsuits in Indiana are controlled by the Indiana Medical Malpractice Act . Under the Act, all medical malpractice claims must be reviewed by a medical review panel beforeThe Indiana Medical Malpractice Act the claim can be filed in court. This process is begun when the plaintiff files a "proposed medical malpractice complaint" with the Indiana Department of Insurance. The Department notifies the defendant-doctor or other healthcare provider and the defendant's insurance carrier of the proposed claim. A defense attorney is hired by the insurance company to defend the claim.

The parties then form the medical review panel. The patient selects one doctor to serve on the medical review panel. The defendant selects a second doctor to serve on the panel. Those two doctors then pick a third member of the panel. An attorney serves as a non-voting chairman of the panel. The parties then have the right to take depositions or ask questions of the other side. The parties prepare medical malpractice submissions. These are booklets in which the parties describe their cases. The submissions may contain medical records, statements from the parties, depositions, expert reports, medical text, medical journal articles, etc.

The members of the panel review the submissions and the parties have the right to question the doctors about their view on the case. The medical review panel then expresses an opinion as to whether the evidence supports the plaintiff's complaint. The opinion of the panel does not decide the case. The plaintiff has the right to go to court, and the defendant has the right to defend the case, regardless of the panel opinion. However, juries find the panel opinion very persuasive. As a practical matter, most cases are resolved on the basis of the medical review panel opinion. However, in some cases we might feel that medical review panel members seem to be protecting a doctor against a legitimate malpractice claim. Under those circumstances, we recommend that plaintiffs proceed to trial in spite of a negative panel opinion.

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Settlement of medical malpractice claims.

Under the Indiana Medical Malpractice Act, the defendant and the insurance carrier are responsible for the first $250,000. Settlement of medical malpractice claimsIf the defendant agrees to a settlement, that amount is usually paid as a structured settlement. The structured settlement would pay out a total of $250,000, but would only have a cost of $187,000. If there is a settlement, the liability on the claim is established. The patient then has the right to go to the Indiana Department of Insurance to have his additional damages paid from the patient's compensation fund. The maximum amount the fund may pay is $1,000,000. The patient and the Department of insurance try to reach an agreement on the damages. If that is not possible, the patient has the right to have a judge decide how much additional compensation is due.

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Trial of a medical malpractice lawsuit.

Many medical malpractice cases are resolved without a trial. They are either dismissed or settled. Trial of a medical malpractice lawsuit In an increasing number of cases, however, the claim must go to trial. It is tried just like any other lawsuit, in court in the county where the events occurred. The jury would consist of six members. Medical malpractice cases are extremely expensive to try because of the need for expert witnesses who must be paid fees. If a plaintiff receives a verdict against a health care provider, the first $250,000 is paid by the insurance carrier for that health care provider. The rest of the damages are paid from the patient's compensation fund, up to $1,000,000, the maximum allowed by law.

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Attorney fees.

Almost all medical malpractice cases are litigated on a contingent fee basis. A contingent fee is one that is paid out of any recovery. The amount is a percentage of the recovery. If there is no recovery, there are no attorney fees due. The Indiana Medical Malpractice Act puts a limit of 15% on attorney fees from the patient's compensation fund.

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Litigation expenses.

In addition to the attorney fees, there will be litigation expenses involved in bringing a lawsuit. Litigation expenses are monies that need to be paid in order to bring the lawsuit. For example, there is a charge for getting medical records. There are also the court reporter costs if depositions are taken. The medical experts who review the case must be paid fees. If the case goes to trial, there will be additional expenses for expert witnesses, blow-ups, models or other evidence to show the jury. Our law firm often advances the litigation expenses. They are paid back out of any recovery.

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Client Reviews
My 15-year-old son suffered a life-altering closed head injury that left him disabled for life when he was injured in a truck accident. I went to Mike Miller for help. Mike and the law firm were the greatest people I have ever been around. Everything they did was excellent, above and beyond the call of duty. They were able to recover enough to let me leave my job and devote full time care for my son. To this day, they are more than happy to talk with me and take care of anything that comes up. J.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.
A patient with a stroke was not transferred to a hospital capable of treating her. The client said, "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.
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. Now, he will be taken care of for the rest of his life. T.R.