According to a study by the British Medical Journal, medical error is the third leading cause of death in the United States. Victims of these cases may seek help from an Indianapolis medical negligence attorney.
However, it’s vital to know that the time between gathering proof to actually proceeding to trial in court can be too long. On the average, it takes around 18 months to three years. But it can be longer, depending on various factors including the complexity of your complaint.
What’s Considered A Medical Malpractice
Before you file a claim, make sure that your case is indeed considered a medical malpractice. First, you need to establish that you and the physician or surgeon involved have a doctor-patient relationship and that he or she has failed to meet the so-called standard of care. Then, you need to prove that his or her substandard medical care has caused you harm or made your existing medical condition worse.
If you want to pursue your case, you’d need to get help from a trusted Indianapolis medical negligence attorney to help you navigate the rather complex nature of this field.
Things To Consider If You’re Resorting To Settlement
As mentioned, it takes at least 18 months before your case gets taken to court, heard, and decided on. Hence, many complainants resort to the option of settlement, which has its own pros and cons. For instance, though the payment you’d receive is considered to be smaller, you’d be able to get them sooner. Also, both parties would be able to avoid the taxing and resource-consuming process of going through a trial.
Before agreeing to settling your case outside the court, here are the things you need to consider:
The strength of your case. For your case to be considered strong, you need to gather as many pieces of evidence as you can — including a “Certificate of Merit,” signed by a medical witness, stating that there’s a reasonable probability that your doctor’s actions have indeed caused you harm. However, even with this proof, it doesn’t guarantee you a win. After all, most judges favor medical providers (around 90% of cases).
Your risk tolerance. As stated, there’s a high chance that the court will favor medical providers — and the main reason they use is a lack of evidence. Hence, it’s often considered a gamble to take your case to the court. If you have low-risk tolerance, you might be better off if you take the settlement route.
The urgency of your need for the damage compensation. The 18 month-to-three year-wait can be too long. If you need the money to help you get by with your daily life, it could be better to settle outside the court. As mentioned, you can get your payout much sooner compared to when you take your case to court.
Your attorney’s reputation. You also have to consider the credibility and reputation of your Indianapolis medical negligence attorney. If he or she is known for accepting lowball settlements, you’d probably end up getting a low amount for your compensation. But if it’s the other way around, you can get the compensation you can use to cover for medical and other expenses.
If you need an Indianapolis medical negligence attorney to help pursue a claim you deserve, our team at Montross Miller is ready to help. Contact us today and let’s discuss how to start the process.