Medical malpractice attorneys represent patients who were harmed due to substandard treatment provided by healthcare professionals. This includes doctors, nurses, surgeons, anesthesiologists, and even pharmacists. But medical malpractice lawyers do much more than that as a case progresses.
The team here at Theodoros & Rooth, P.C. would like to explore the role medical practice attorneys play when representing their clients. This should provide some insight into how these lawyers investigate cases, build claims, negotiate settlements, and take cases all the way to court if necessary.
If your family has been affected by a negligent medical professional, you can count on our lawyers for help. For a free consultation with our experienced Indiana medical malpractice attorneys, contact our Merrillville law firm online. You can also request a free case evaluation at Theodoros & Rooth, P.C. by phone at (219) 883-2852.
Understanding Medical Malpractice Law
Medical malpractice cases involve medical providers who fail to meet the accepted standard of care while treating a patient. This covers all kinds of medical errors and acts of negligence, from failing to diagnose cancer to operating on the wrong organ or limb.
These four elements need to be shown while pursuing a medical malpractice claim:
- Duty of Care: There was a doctor-patient relationship, and the medical provider had a duty of care to the patient.
- Breach of Duty: The medical provider deviated from the professional standard of care while treating the patient.
- Causation: The breach of duty caused the patient injuries or harm.
- Damages: The patient suffered financial or emotional losses as a result of the substandard medical care.
Why You Need a Medical Malpractice Attorney
Medical malpractice law is extremely complicated. What’s more, these kinds of cases involve insurance companies and legal defense teams for doctors or medical facilities. Going it alone in these cases could lead to insurers railroading you.
Working with experienced medical malpractice lawyers like the team at Theodoros & Rooth, P.C. helps ensure maximum compensation. Think of our lawyers as a way to level the playing field. Our Merrillville medical malpractice attorneys can provide all the legal and moral support you need during a difficult time.
A Medical Malpractice Attorney Evaluates Your Case
First and foremost, a medical malpractice lawyer will carefully evaluate your legal claim. They will let you know if what happened qualifies as medical malpractice and if you have a case worth pursuing.
Your Attorney Carefully Listens to What Happened to You
During your initial consultation with a medical malpractice attorney, you’ll get to share what happened to you or your family member. You’ll also be able to ask questions about your case and get all the information you need to make informed decisions about potential litigation.
Your Attorney Ensures Clients Meet Filing Deadlines
There are strict time limits to file a medical malpractice lawsuit. In the state of Indiana, you generally have two years from the date of the healthcare provider’s negligence to file a lawsuit. Your medical malpractice attorney will keep you on task so you don’t miss this deadline and other important dates.
How a Medical Malpractice Lawyer Builds Your Case
Medical malpractice lawyers also build strong cases to help in the settlement negotiation process. Creating a good legal strategy often involves:
- Detailed Investigation of What Happened: Medical malpractice attorneys will create a detailed account of the events, including when appointments happened, who was involved, and the consequences of a healthcare provider’s actions.
- Gathering Relevant Evidence and Witness Testimony: Medical malpractice lawyers gather your medical records, take witness testimony, and locate other key evidence or documents. These can also be essential to demonstrating breach of duty and how the substandard care caused injuries or illness.
- Examination of Medical Records and Second Opinions: Medical malpractice attorneys will review your medical records to determine the full extent of harm or illness. If you sought out a second opinion, your lawyer can review the other doctor’s assessment of your condition.
- Consulting with Expert Witnesses and Other Providers: Medical malpractice lawyers consult expert witnesses and other healthcare providers about your case. This can add credibility to claims of substandard care and demonstrate how these actions caused serious harm to you.
A Medical Malpractice Attorney Negotiates Settlements
Medical malpractice attorneys will usually handle all communication and negotiations with insurers. This allows clients to focus on recovery and their health rather than a difficult back-and-forth. You’ll get regular updates on your case throughout the process.
Your Attorney Helps You Understand What Your Case Is Really Worth
Your medical malpractice lawyer will note the full cost of your medical treatment, future healthcare needs, changes in earning potential, and the ways your quality of life has been diminished. This can help you get a better sense of what your case is really worth.
Your Attorney Prevents You from Settling Too Soon
Insurance companies know that people who are sick or injured have bills to pay and uncertainties about their financial future. They often lowball the initial offer in hopes that the person is desperate. Your medical malpractice lawyer can continue to negotiate so you can get a better counteroffer.
Your Attorney Identifies Tactics Insurers Use to Pressure People
Lowballing people isn’t the only tactic out there. Insurers can stall, go radio silent, and use other methods to pressure people into a settlement. Your medical malpractice lawyer can identify these tactics and act accordingly, staying focused on securing compensation that matches the true value of your claim.
A Medical Malpractice Lawyer Represents You in Court
The vast majority of cases are settled before they go to trial. Courtroom battles can be long, drawn out, and expensive for all parties involved. Yet some medical malpractice cases do go all the way to trial. Your medical malpractice attorney will represent your case before a jury of your peers and help tell your story in the most compelling way possible.
When searching for a medical malpractice lawyer, try to pick someone who has courtroom experience. This will be invaluable for your case.
How to Pick a Good Medical Malpractice Attorney in Merrillville
If you’re wondering how to pick the best medical malpractice lawyer in Merrillville for your case, here are five tips to consider. These should help you start your search and then narrow down your list of candidates:
- Ask Family, Friends, and Associates for a Referral: If you know someone you trust who’s worked with a medical malpractice lawyer in the past, ask them about their experiences. They may be able to refer you to that attorney.
- Research Online Legal Directories: Check the Indiana State Bar Association to locate local Merrillville attorneys who handle medical malpractice cases. There are also online legal directories such as Martindale, Avvo, Super Lawyers, and FindLaw. You can also search Google and Google Maps for medical malpractice lawyers in the local area.
- Check Additional Online Resources: If you’ve found some promising lawyers near you, look up their names in the news to find out if they’ve worked on major medical malpractice cases. You can also speak with someone at the Indiana Office of Judicial & Attorney Regulation to find out if there are any complaints against a particular lawyer.
- Visit the Lawyer’s Website and Social Media Accounts: As you’re narrowing down your list, check the lawyer/firm’s website, social media accounts, and presence on YouTube. These materials will help you get a feel for who the attorney is and what they stand for.
- Meet with the Medical Malpractice Attorney: Meet with lawyers who seem promising so you can ask questions and get the information you’re looking for. Consider not just what the medical malpractice attorney says but how they say it. Ask yourself: “Is this someone I can trust with my case?”
Why Choose Theodoros & Rooth, P.C. for Your Medical Malpractice Case
Now that you know what medical malpractice lawyers do and how to find a qualified attorney for these kinds of claims, we’d like to make the case for our Merrillville law firm.
We’re Theodoros & Rooth, P.C. Our highly capable medical malpractice lawyers in Northwest Indiana are proud to help working people who’ve been failed by the system. Hospitals and major medical facilities have insurance companies and powerful legal defense teams on their side. Our medical malpractice attorneys can help level the playing field.
A Long History Serving Northwest Indiana
Founded in 1988, Theodoros & Rooth, P.C. has remained Northwest Indiana’s guardians of justice. Our attorneys have decades of combined legal experience. Our Merrillville lawyers collaborate on medical malpractice claims, allowing us to identify creative solutions and help maximize compensation for our clients.
$55 Million Secured in a Major Medical Malpractice Case
Theodoros & Rooth, P.C. was proud to help victims of Dr. Mark Weinberger (aka “The Runaway Doctor”). In the early 2000s, Dr. Weinberger performed countless unnecessary sinus surgeries that often caused serious lingering health problems. Our late founding partner, Barry D. Rooth, helped secure a $55 million settlement for over 280 victims of the Runaway Doctor.
Free, No-Obligation Legal Consultations
You don’t have to pay to speak with one of our proven medical malpractice lawyers in Merrillville. Theodoros & Rooth, P.C. offers free legal consultations so you can share your story with a legal professional and learn what steps to take next. There’s no obligation. Treat this as an opportunity to get the answers you need to make the best choice possible about your legal representation.
Representation on a Contingency Fee Basis
At Theodoros & Rooth, P.C., we work on a contingency fee basis. That means our medical malpractice lawyers only get paid if we can secure a settlement or win damages in court. If we don’t win, you don’t have to pay. Our law firm succeeds only when our clients and their families do.
Our Attorneys Are Available to Clients
Problems don’t just happen from 9 to 5 on weekdays. That’s why our law firm takes calls 24/7. We will also call back as soon as we can. When clients work with Theodoros & Rooth, P.C., our medical malpractice lawyers will be available when needed to provide updates and answer any questions.
Contact Our Medical Malpractice Attorneys in Merrillville
Don’t delay. If you’ve been the victim of a medical professional’s negligence, you have just two years to file a lawsuit. It’s in your best interests to speak with a medical malpractice lawyer as soon as possible. To request a free case review with our medical malpractice attorneys in Merrillville, IN, contact our law firm today. You can also call our law office at (219) 883-2852.