Fort Wayne Indiana Personal Injury Lawyer and Attorney Blog

Six Factors to Consider Before Filing a Medical Malpractice Suit

By Jack H. FarnbauchNovember 5, 2017

Virtually all medical malpractice claims in the State of Indiana must be presented to a Medical Review Panel (usually consisting of three physicians) before the case can be filed in a court of law. Having to present a medical malpractice claim to a Medical Review Panel adds additional delay and expense to the process of obtaining justice in a medical malpractice case. Here are some of the factors you may want consider before making the decision to sue a medical provider: 

1. You need to consider the cost of a legal action. Legal action can be expensive and there is really no guarantee that you will win the case or that the amount you are seeking as compensation will be granted if you win the case (or an amount even close to it). You need to find out whether the law firm you hire will “advance” the litigation expenses and determine whether you are obligated to reimburse those case expenses if the lawsuit does not produce a recovery.

2. Consider the strength of your evidence. Medical negligence can only be established in court on the basis of very accurate medical information and evidence that you may not understand.

3. You need to determine who to sue. One of the major reasons many cases fail and no hospital negligence compensation is paid, is because the wrong person was sued.

4. Consider your emotional preparation. Legal action of this kind can also be drawn out and mentally exhausting. You may have to brace yourself for a long journey.

5. You need to carefully select your attorney. You will want a law firm that has a track record in handling medical malpractice cases because it is an extremely specialized area. Does the law firm have the financial resources to see a medical malpractice claim all the way through a trial. The litigation expenses in a medical malpractice case can easily exceed $100,000. 

6. You must know your time limits to sue. Knowing when to commence legal action is also a  vital consideration. There are few things more painful than being denied your rights simply because your claim is barred by the statute of limitations. In the State of Indiana, the statute of limitations for medical malpractice claim is 2 years from the negligent act or omission.