If you had to sue a doctor or hospital...what attorney would you use in Indiana?

[KokomoDave]

Redacted to stop the fuss.

 

[GodFearinGunTotin]

I'm sorry to hear of your plight, KD.

 

[SEIndSAM]

Just to confirm, is this in Kokomo???

 

[hoosierdoc]

An ERCP is a necessity for that, not an elective procedure. Many people who need that are very sick due to infected bile system (cholangiitis). What other medical issues does she have? What of her care do you consider to be malpractice? Just because something bad happened doesn't mean anyone violated standard of care. I know you're grieving her condition and outcome, but you really do need to have another reason to sue other than she had a bad outcome.

 

[HoughMade]

Dave,

Check your PM.

 

[Rookie]

I can tell you not to use Stewart and Stewart. No matter who you use, prepare for a losing battle. The hospital has DEEP pockets and they will nickel and dime you until you quit. For example, want her medical records? No problem, there's a lot of them and we'll charge you a fee per page.

I'm going to guess it was Howard?

 

[ViperJock]

That sucks. But for the record, psychologists, therapists, and "overseeing physicians" are probably not experts in anesthesia and their opinions should be taken as such. Secondly if you are planning to sue, you probably should not be putting that kind of stuff on the Internet you never know what the opposing lawyer will be able to make of it. Lastly, bad outcomes do not always indicate malpractice and your accusations on here could land you in trouble with a civil suit of your own.

 

[hoosierdoc]

Also, keep in mind indiana has a screening panel made up of I believe a doctor, a lawyer, and a lay person. They review the case first. That's why I'm challenging you to know what you are alleging was done wrong that led to the outcome.

 

[HoughMade]

Medical Review Panel (welcome to my world). Three doctors to express opinions about whether there was malpractice and whether, if there was, it caused an injury. An attorney is the chair and guides the process, but does not vote. The panel is designed to be impartial and usually is. You can sue regardless of the outcome.

My only legal advice is what I put in the PM (not my own contact info, in case anyone is wondering. I defend healthcare providers. I don't sue them).

 

[Trigger Time]

Sorry to hear this news dave. Your all in our thoughts

 

[hoosierdoc]

Huh, I thought a layperson was on the MRP too. Learn something every day. What is the point of the panel then? Does it reduce frivolous suits? Does their opinion have a bearing at the trial?

 

[ViperJock]

Huh, I thought a layperson was on the MRP too. Learn something every day. What is the point of the panel then? Does it reduce frivolous suits? Does their opinion have a bearing at the trial?

it is nearly impossible to win if the panel doesn't think they have a case so it becomes considerably more challenging to proceed.

 

[HoughMade]

Huh, I thought a layperson was on the MRP too. Learn something every day. What is the point of the panel then? Does it reduce frivolous suits? Does their opinion have a bearing at the trial?

Without getting too technical, if the panel finds no malpractice, it forces the plaintiff to come up with a "expert" witness, a physician who will testify that there was malpractice. It works the other direction too; if the panel finds malpractice, the provider needs to come up with an expert to testify that there was not malpractice, but defendants win 75-80% of panels. The opinion is admissible. It does reduce malpractice suits quite a bit. In my opinion, it keeps plaintiffs attorneys unfamiliar with the process out.

Who do I send the bill to? I see this as a .3

 

[hoosierdoc]

Also, the anesthesiologist may be a rock star who was able to revive her after some awful unforeseen thing happened. He could be pissed because of the great care provided and the response is threatening legal action.

When you said people said "she's incompetent" did you mean your MIL is now unable to make decisions for herself, such as medical decisions and suing? If so you need a legal hearing to establish a POA I think as a first step. With HIPPA you may find it hard to get info without POA.

 

[johnwhite]

not to be flip but dont go with any lawyer that advertises on tv. also get all the medical records before you file anything, it'll be cheaper. and start writing down ever damn thing anyone says and get names and dates

 

[johnwhite]

oh dont be obvious about writing things down cause once they see you doing that every last one will clam up

 

[calcot7]

Sorry to hear this has happened. We had a similar experience with my MIL several years back. The case was going in our favor and the surgeon and the hospital did a second surgery at no charge to our family. Unfortunately the damage that was done was not correctable and my wife's mother ended up in worse shape after the second surgery. The hospital and the surgeon's legal team kept dragging it out and finally..........my MIL passed. The money that would have been awarded in the case would have provided for her care if she would have survived. My wife and her family had had enough at that point and decided to drop the lawsuit. While there is hope it will be a long battle. I wish you the best....

 

[scott delaney]

still have not seen a name of as lawyer to talk malpractice with?

 

[HoughMade]

Get a lawyer first and they will tell you whether you need to get the records or whether they will. Lawyer first.

Besides the names I gave, look for someone AV rated by Martindale-Hubbell and someone who has been named an Indiana SuperLawyer, wouldn't hurt. These are no guarantees, but it says that their peers respect them.

 

[SEIndSAM]

Even if there is no malpractice, you may need an Attorney to get the insurance company to pay the bills they should rightfully pay, but are refusing too. Been there, done that.