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Counsel That You Can Trust & Depend On


Guy DiMartino Nov. 4, 2014

Indiana medical malpractice attorney give some suggestions to people who think they have been a victim of medical malpractice.

Take a Deep Breath

First, get your bearings. Sometimes the results of medical treatment are not expected. Sometimes patients die during or shortly after a medical procedure. Sometimes doctors do everything right and patients are injured or killed. It does not help to call a lawyer the week something happened, because folks do not know the nature and extent of injury during the first few weeks or months. The exception of course is if somebody died. At these times it is best to call an attorney ASAP because you may need to discuss things such as autopsy before the patient is buried.

Don't Threaten Hospital Personnel or the Doctor's Office

You may be upset. You may be scared not knowing what happened. In the frenzy, you may want to vent at the hospital or doctor's office. DO NOT threaten the personnel with the fact that you are going to hire a lawyer. DO NOT send a letter to healthcare provider making threats or requesting money. DO NOT send threatening emails to healthcare providers. DO NOT post anything on your FACEBOOK page. DO NOT go onto the doctor review sites and post a review. These actions will not make you feel better and they will only hurt you if you decide to pursue a medical malpractice case.

Secure a Complete Copy of the Medical Chart

Fill out a medical authorization and obtain the complete medical record for the time frame around the alleged medical malpractice. You will be charged for these records. Indiana has a law that sets for the amount that healthcare providers can charge for their records.

Contact an attorney that handles medical malpractice claims

Medical malpractice is a unique area of the law. Medical malpractice litigation requires competence in law and understanding the medicine. Not all attorneys who advertise that they handle medical malpractice actually handle the cases. For instance, with my background in healthcare, there are certain medical malpractice scenarios in which I feel very comfortable handling and there are others that I just don't feel comfortable handling. It is an important decision to hire an attorney and there are some excellent medical malpractice lawyers in Northwest Indiana. You need to feel comfortable with the lawyer – you will be spending years with him/her during the pendency of the case. Some folks want a “bull dog” others want a competent lawyer who will be caring, compassionate and will keep them in the loop regarding their case. The only way to find this information out is to actually speak with the lawyer (not his or her staff) and see if you resonate with him/her. Don't let advertising be your only guide.

Understand what a medical malpractice case can and cannot do

First, you must understand that medical malpractice claims are difficult to pursue and statistics show that patients are only successful at trial in about 25% of the cases that are tried.

Second, a medical malpractice claim will not close the hospital or doctors office. It will not stop the doctor from “hurting” other people. These are issues for the appropriate medical boards not a civil claim.

Third, a medical malpractice claim can bring about a couple of things: (1) closure; and (2) money damages if successful.

Indiana medical malpractice law can be complex. If you have any questions about a Northwest Indiana medical malpractice claim, you can call our Michigan City medical malpractice lawyer at (219) 874-4878 or fill out the internet consultation form on the right.