The Knowledge And Resources Necessary To Win Complex Cases
We rely on doctors, nurses and other medical professionals to use great care when we need to be treated. When accidents occur, the result can be life-changing. To a victim of negligent medical care or to a victim’s family, it may seem obvious that compensation is warranted. In truth, however, medical malpractice cases in Indiana and nationwide are some of the most complex cases to resolve.
If you or someone you love has been a victim of medical negligence, you need to enlist the services of experienced Indiana medical malpractice attorneys who fully understand the process in Indiana for proving that negligence occurred.
Three Common Categories Of Medical Malpractice Cases
At Wagner, Crawford & Gambill in Terre Haute, our lawyers have represented victims of medical malpractice for decades. Although we represent clients in a wide range of medical malpractice cases, most fit into one of three categories:
- Negligence on the part of physicians or other medical staff
- Hospital negligence, including unsanitary conditions, insufficient training or improper staffing
- Nursing home negligence resulting in an injury or death of a loved one
Cumulatively, we have more than 80 years of legal experience. We have the extensive resources that are necessary to see these cases through to the end, whether that is accomplished through assertive negotiations or by presenting convincing and comprehensive legal arguments in court.
We offer a free consultation in which we can review the facts of your case, provide a candid assessment and recommend an effective course of action. Use our online contact form to schedule a meeting.
Patience, Perseverance And Professionalism
As a rule of thumb, medical malpractice cases take two years or more to resolve. For the injured party, it can be stressful, frustrating and at times may even feel hopeless. You may feel like the system is stacked against you. At Wagner, Crawford & Gambill, we like to say that having the right lawyer changes everything. There may be no area of law where this is more true than in medical malpractice.
We pride ourselves on being candid with our clients and maintaining close communication from start to finish. Because of the length of medical malpractice cases, this approach is critical.
The Role Of The Medical Review Panel
Indiana’s Medical Malpractice Act requires that in order to bring a medical malpractice claim to court, a plaintiff must first file a complaint with the Indiana Department of Insurance. This results in the formation of a medical review panel, which is usually composed of three doctors (one of whom is selected by the plaintiff). Both sides submit their arguments and other documents, and the panel issues an opinion.
A plaintiff retains the right to go to court no matter what decision the panel issues. However, a jury will generally put a lot of weight in the panel’s opinion. If you get an unfavorable decision at the medical review panel stage, it can be difficult — though not impossible — to turn things in your favor. For this reason, it is critical to work with knowledgeable and experienced attorneys from the start.
What You Can Recover
Victims of negligent medical care want to know what their claim is worth. Here again, the answer is complex. Indiana statutes limit damages in a medical malpractice case to $1.25 million. The health care provider — a doctor, nurse, hospital or other provider — is responsible for the first $250,000. If you resolve that portion of your case, any additional damages that we seek on your behalf must be paid from the Indiana Patient’s Compensation Fund.
As you can see, the process for recovering compensation in a medical malpractice case is quite complex. The lawyer you work with makes a difference. We represent clients throughout the state in medical malpractice cases. Our reputation for being tough but fair trial-tested attorneys who are able to develop strong cases helps us negotiate from a position of strength.
Learn About Your Legal Options
Medical malpractice often leads to significant injuries that are hard to face alone. We will stand beside you every step of the way at Wagner, Crawford & Gambill. Call 812-645-7042 or email our firm to meet us at a consultation. Our attorneys will listen carefully to your story and help you figure out how to find justice.