FAQs

Personal Injury

For many people, just the thought of talking with an attorney is unfamiliar, unsettling and unpredictable. Too often fear is enough to discourage people from even speaking with a lawyer to find out if they need legal help. At Baker & Gilchrist, our many years of experience has taught us the importance of leading people through the law----talking, listening, counseling with them on the next step they should take. At Baker & Gilchrist, our goal is to help you overcome the fear of the unknown.

When should I contact an attorney?

If you have suffered an injury as a result of the negligence of someone else, such as a doctor, in an automobile collision, or while working at a construction site, among others, you need to speak with an attorney.

You should contact an attorney as soon as possible after your injury because the law only allows you a limited amount of time to bring a claim or it will be forever lost. For example, if you have a claim against a governmental entity, such as the state of Indiana, or a city, you could have as little as 180 days to file a tort claim notice or potentially be precluded from bringing the claim.

It is also important to contact an attorney early because in some situations it is necessary to begin an investigation before evidence is lost or destroyed.

What should I look for in an attorney?

You should first determine if the attorney has the experience necessary to provide you with the best legal advice possible for your situation. There is no substitute for experience. At Baker & Gilchrist we have over 46 years of combined litigation experience representing individuals who have been seriously injured in almost every conceivable situation, from a fall down negligently constructed stairs resulting in quadriplegia, adults or children with brain injury, automobile, motorcycle and trucking collisions of all types and everything in between.

While non-medical malpractice claims may settle without a trial or without even filing a lawsuit, you must have an attorney who has trial experience and is prepared to try your case. If an attorney is not willing to go to trial, if necessary, the opposing side will soon discover that reluctance and use it against you, never offering what you may be entitled knowing your lawyer will settle at the last minute.

Most importantly, you should only hire a lawyer with whom you feel comfortable with and whom you trust, someone who is accessible and will answer your questions in a timely manner.

How much will it cost me to hire an attorney?

Any initial contact and evaluation of the merits of your case by Baker & Gilchrist is FREE. Some attorneys will advance all of the expenses necessary to present your case. In some cases, we have expended up to $60,000 to try a medical malpractice case properly. It is not necessary for you to pay ligation or trial expenses up front, especially if it is to only determine if you even have a claim.

Our fees are based on a contingent fee contract which means you do not owe us any fee or expense reimbursement unless we recover a settlement or verdict for you or your family.

What if the person responsible for my injury does not have insurance?

Even if the person who was responsible for your injury does not have insurance, you still may be able to recover compensation. An attorney can help you find and identify all parties who may be responsible and who may have insurance. For example, in some automobile collisions, even accidents involving one automobile, there may be a claim for negligent design of the roadway or intersection. You may also have uninsured/underinsurance which could be used to help you when you need it most.

What if I also had some fault?

Depending on the specific facts of your case, you still may be able to recover. Indiana is a “comparative fault” state which means your fault will be compared to the fault of the person who cause your injury and if you are 50% or less at fault you may still recover a percentage of your damages.

If I only had property damage and was not insured, do I still need an attorney?

If you are sure you do not have any physical injury then you probably do not need an attorney. However, be sure, because if you release the insurance company from liability, you may not be able to bring any claim in the future if you discover you are injured.

Personal Injury Checklist

If you have been in a motor vehicle accident, we have prepared a checklist of things you may want to do:

• Obtain a copy of the standard accident report
• We can obtain one for you at your request;
• Take photographs of your vehicle
• If you have a visible injury (bruises, scar, burns, etc.), take photographs.
• Keep all of your medical bills and prescriptions in one place.
• Obtain names, address, and telephone numbers of any witnesses
• Keep a journal or calendar regarding:
• Dates of doctor or physical therapy appointments
• Dates you missed work
• Statements made at the scene of the accident
• Limitations or restrictions due to your injury
• If you are asked to give a recorded statement, you can consult with an attorney first
• Be familiar with your own insurance coverage
• If your vehicle was damaged, get values from the classified ads, the Blue Book, or other internet resources available

Medical Malpractice

Medical Malpractice Claims in Indiana

For many people, just the thought of talking with an attorney is unfamiliar, unsettling and unpredictable. Too often fear is enough to discourage people from even speaking with a lawyer to find out if they need legal help. At Baker & Gilchrist, our many years of experience has taught us the importance of leading people through the law----talking, listening, counseling with them on the next step they should take. At Baker & Gilchrist, our goal is to help you overcome the fear of the unknown.

To help dispel your fears, Rex Baker and Caroline Gilchrist have prepared these frequently asked questions about medical malpractice claims in Indiana to answer some of your questions.

When should I call an attorney?

If you think you have suffered a serious injury as the result of the malpractice from the care of a doctor, hospital, nursing home, or other healthcare provider, you should speak with an attorney. Medical malpractice claims have a separate and complex set of rules for the statute of limitations so it is important to determine if you have a claim as soon as possible. However, if you have only recently discovered malpractice which may have occurred several years ago, do not assume the statute of limitations has expired for your claim, consult with an attorney because there are several exceptions to the running of the statute of limitations which may apply to you.

It is also important to talk with an attorney as soon as possible to have your claim investigated before records are changed or lost and while memories are still fresh.

What should I look for in an attorney?

There is no substitute for experience, especially in the area of medical malpractice. Relatively few attorneys in Indiana represent patients in malpractice claims. There are several reasons why: they are complex, difficult to evaluate, fees are limited and there is a cap on damages in Indiana. However, one significant reason is many malpractice claims are now tried in court. This happens because there is a cap of $1,250,000 on the amount of any recovery in medical malpractice claims involving qualified healthcare providers, so insurance companies will “roll the dice” knowing that the risk is minimal since they will never have to pay more than the cap. In those cases, it is absolutely imperative that you have someone experienced in the courtroom in trying medical malpractice cases which are some of the most difficult and expensive of all trials. At Baker & Gilchrist we have combined experience representing patients in malpractice claims for over 46 years. The range of medical malpractice claims is varied and broad. Medical malpractice claims can include the following:

• delay or failure to diagnose
• retained sponge from surgery
• mistaken surgery
• hospital negligence
• failure to follow up
• stage IV decubitus ulcers or other "never events"

It is imperative that you have someone experienced in trying medical malpractice cases which are some of the most difficult and expensive of all trials.

How much will it cost me to hire a lawyer?

Any initial contact and evaluation of the merits of your case by Baker & Gilchrist is FREE. You need to look for an attorney who will advance all of the expenses necessary to present your case. In some cases we have expended up to $60,000 to try a medical malpractice case properly. It is not necessary for you to pay ligation or trial expenses up front, especially if it is to evaluate if you even have a claim.

I have concerns about suing my physician or health care provider, what should I keep in mind?

If we determine through expert opinion that you have a malpractice claim, you do not file a lawsuit in court like you may have seen in the movies or T.V. You first file a “Proposed Complaint” with the Indiana Department of Insurance. A panel of three physicians is then formed called the Medical Review Panel. A written submission with your records is then given to the panel by your attorney and the attorney for the health care provider. There are not live witnesses or other testimony; it is all done in writing. The panel then determines if there was a “breach of the standard of care” which is the legal term for malpractice. The losing party then has the right to go to court and have a jury decide if there was malpractice. This review process can be lengthy, anywhere from 18 months to two years or more. Therefore, investigating your claim does not necessarily involve a lawsuit.

You should understand that health care providers, hospitals, nursing homes, etc. have malpractice insurance to pay claims much like automobile insurance.

Medical malpractice claims are a form of accountability. Without financial consequences, behavior will not change in our society. Do not let this happen to someone else. To prevent it from happening again and again you must stand up and hold the health care provider responsible for their actions.

How do I know if I even have a case since I'm not a doctor?

We are not doctors either and that is why we will have your case reviewed by an expert. A vital service we provide for our clients is to answer the question once and for all whether they were injured because of the malpractice of a healthcare provider. By providing you with an independent opinion, you will not be left second-guessing yourself sometime in the future wondering if things would be different if you had pursued a claim. We first obtain all your relevant medical records and have them reviewed by our on staff registered nurse. If it still appears you have a claim, then we have relationships we have developed over many years with physicians in Indiana and across the country who we trust. These experts have agreed to review medical records for us and provide us with an honest, independent opinion. Only then will you know with confidence whether there was malpractice during your treatment.

Medical Malpractice Checklist:

• Keep a list of the names and addresses of all of the doctors who have treated you for any care related to the malpractice.
• Keep a list of names and addresses of witnesses who may have helped with your medical care or had conversations with your healthcare provider that are relevant to the malpractice.
• It would be helpful to keep a journal of any conversations you may have had with any healthcare provider concerning the malpractice and a chronology of the events. Keep in this journal the dates of the appointments, the treatment, any days that you may have missed work, and limitations or restrictions placed upon you due to the injury you suffered from the malpractice.
• You should continue to follow your doctor’s advice and treatment, but do not hesitate to obtain a second opinion.
• If you have a visible injury, such as a burn or scar or other types of injury, photograph the injury.
• If you are contacted directly by the doctor or other healthcare provider, their insurance company, or risk management, you are not obligated to speak with them or commit to anything and should consult with an attorney about your rights.

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