Medical Malpractice in Fort Wayne

While very few medical malpractice situations in Indiana actually turn into accepted cases, it is understandable that patients or family members become frustrated when they receive no explanation for an attorney's rejection; therefore, Shaw Law maintains carefull scrutiny of all potential cases alleging negligence or errors by a physician, staff, or hospital that caused or contributed to injuries before making it a commitment.

If you suspect you have been a victim of medical malpractice in Fort Wayne, contact Shaw Law today for a careful review of your potential case.

1. The Injuries or Damages Are Substantially Less Than the Estimated Costs to Get the Case to Trial Because of Indiana Law

There are several key reasons why a medical injury attorney in Fort Wayne must weigh the potential recovery against the high legal costs before accepting a case:

• High cost of witnesses. Indiana law requires paid medical witnesses to prove negligence.
• Significant expenses for evidence gathering. Collecting medical records, conducting investigations, and preparing exhibits can be expensive.
• Uncertainty of compensation. If legal expenses would leave an injured client with little or no recovery, most firms will not proceed.

To win a medical malpractice suit, the plaintiff must prove by a preponderance of the evidence that the defendant's conduct fell below the standard of care, and that this negligence directly caused their injuries and losses. Crucially, the potential damages must exceed the substantial estimated costs of taking the case to a jury to make it financially worthwhile. Consequently, cases involving temporary injuries often go uncompensated because the associated losses are not high enough to justify the immense litigation expenses.

Additionally, Indiana imposes a unique and lengthy requirement that all malpractice claims against qualified health care providers must first be presented to the Indiana Department of Insurance, which then forms a panel of three doctors to review the case.

2. Understanding the Medical Malpractice Process in Fort Wayne

Pursuing a medical malpractice claim in Fort Wayne, Indiana, requires navigating a unique and multi-step legal process. It is important to work with an experienced malpractice attorney, as Indiana law first mandates that most claims be reviewed by a medical review panel through the Indiana Department of Insurance before a lawsuit can be filed in court. This initial step, which involves gathering extensive medical records and evidence, can add a year or more to the overall process, particularly impacting cases in Allen County's legal environment.

After the panel issues its opinion, the case can proceed. If the panel concludes in favor of the injured patient, a lawsuit may then be filed in the appropriate Allen County court. A trial or settlement process can still take months to resolve, even with a favorable panel outcome. Partnering with seasoned advocates who understand how to present complex medical evidence and efficiently navigate Fort Wayne’s legal environment can significantly impact the resolution of your case.

It is crucial to understand that a bad medical outcome is not the same thing as medical malpractice. For example, a surgery that fails to fix a problem, or a catastrophic event during a necessary procedure, is generally not considered malpractice if the physician's judgment was reasonable at the time it was made. To successfully prove malpractice, it must be demonstrated that the medical decision or action was unreasonable when it was given, not merely based on a negative result observed later.