When you need to find an attorney, you will want to make sure that he or she has the right qualifications and experience to handle your case. No matter what area of law they practice in, they should be able to take on any case with no problem. In order to find one, you should check with relatives and see who they may have used in the past. This is typically how most people find their lawyer. If you can’t get any names from these sources, then looking on the internet under, Indianapolis medical malpractice lawyer and you will find a long list of names and websites. If you need a medical malpractice lawyer, this is your best option for experienced professionals. 

When To Look For An Attorney 

If you were injured by a doctor, you will need to seek legal advice as soon as possible. Once you have found an attorney who will take on your case, they will contact the lawyer representing the doctor in order to see if the case can be settled out of court. If the other attorney agrees, they will come to terms that are agreeable on both sides and the case will be concluded. If the other lawyer is unresponsive or does not agree to a settlement, then, your attorney will proceed with court papers. 

How Your Case Is Settled 

If you need to file paperwork with the court, then there will be a hearing where the doctor and yourself can testify to what exactly happened to you. The judge will typically make a ruling once all parties have had their say in the matter. The ruling is final, and the case should be completed at that time. However, either party in the action can file an appeal of the ruling at which time, the case will be sent to a higher court. Normally, this does not happen, and cases are settled before they reach the court system. Your attorney will advise you along the way on what is best for you. 

How Funds Are Paid 

All medical practitioners must carry malpractice insurance. Any settlement that is made against the doctor is paid through the insurance company. Typically, the insurance company will have a range of prices they will pay for injuries that are not significant. In other words, they will settle with your attorney according to their fee schedule. If the case does go to court, there will be an insurance company representative at the trial in order to protect their rights. Any monies due are paid quickly to the patient. 

Your lawyer will get a fee that is paid from the proceeds of the settlement. This can be a flat fee, or a percentage of the amount settled on. Check with your attorney before proceeding on how he will be paid. Medical malpractice lawsuits are rare but they have been on the rise in recent years. Experts feel that the number of lawsuits will continue to climb as patients are becoming more aware.

 

Posted by Alice Stevens

Full time stay at home mom with three children. I love to blog!

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