Bloomington Medical Malpractice Lawyers
Coping with a life-altering injury or death that was caused by a medical error can be devastating, particularly when you suspect the tragedy could have been prevented. It can make you lose your faith in the medical professionals who are supposed to be helping, not harming you.
The Bloomington medical malpractice lawyers at Baker & Gilchrist have been fighting for the rights of patients in Monroe County for decades. When you put your trust in our firm, you can take comfort in knowing that:
- You will always work with firm partners Rex Baker and Caroline Gilchrist, not an inexperienced junior lawyer. In addition, we will tackle your case as a team, putting our combined 60 years of experience to work for you.
- We have nurses on staff who will assist us with your case. And we work with medical experts throughout the country who specialize in all types of injuries and conditions.
- We advance all expenses in your case, and we do not receive a fee or reimbursement unless we obtain compensation for you.
Schedule a free consultation today to discuss your case with our experienced and compassionate Bloomington medical malpractice attorneys.
Understanding the Indiana Medical Malpractice Claims Process
Medical malpractice claims in Indiana are complicated, and pursuing a medical malpractice lawsuit can be a long process. Because there are strict time limits on how long you have to file a lawsuit, you should seek legal help as soon as possible after an injury.
When you schedule a free claim consultation with our Bloomington medical malpractice lawyers, we will thoroughly assess your case and give practical guidance on your options. In general, you should know that the steps for filing a medical malpractice claim in Indiana include:
Getting your medical records together. We will need to make a formal written request to the healthcare facilities involved to gather any and all records related to your case.
Soliciting an expert to review your injury and determine whether it was caused by negligence. Our experienced Bloomington medical malpractice attorneys will consult with our own network of medical experts to review your claim. We need to determine whether the medical professional(s) who treated you were negligent and if that negligence caused your injury.
Making a recommendation of how to proceed with the claim. Medical malpractice claims in Indiana are extremely difficult to prove. So our firm makes recommendations on whether to move forward with a claim based on our past experiences, our experts’ opinions, and the evidence in your case.
Filing the proposed medical malpractice complaint with the Indiana Department of Insurance. The department’s Medical Malpractice Division will send a copy of the proposed complaint to any healthcare providers named as defendants and to their insurers, if known.
Requesting that a Medical Review Panel be formed. The Medical Review Panel will be made up of three healthcare providers and one lawyer. Our Bloomington medical malpractice lawyers will submit evidence of your claim to the panel. When the panel convenes, all sides can ask questions of panel members.
Reviewing the panel’s opinion. The panel will submit its opinion on whether the evidence supports the conclusion that the defendant(s) acted or failed to act within the appropriate standard of care and, if so, whether it was a factor in any harm to you.
Deciding whether to move forward with a medical malpractice lawsuit. After the panel submits its opinion, we will discuss whether to move on to court. Although the panel’s opinion is admissible in court, it not conclusive. If we believe your case has merit, our dedicated attorneys will file a medical malpractice lawsuit.
Negotiating medical malpractice settlement offers with the defendant(s) and insurer(s). If your case moves forward, you will likely be offered a settlement. Our experienced attorneys will negotiate with the other side and present any offers to you, but the ultimate decision on whether to accept a medical malpractice settlement is up to you.
Taking your case to court (if necessary). If you do not receive a satisfactory medical malpractice settlement offer, our skilled attorneys will proceed to argue your case in court. All the evidence will be presented, and testimony may be given by both sides, as well as expert witnesses. If the jury decides in your favor and you are awarded compensation, the defendant’s insurer will send the payment to you through our firm.
Reporting the outcome to the Insurance Commissioner. All settled or adjudicated medical malpractice claims must be reported to the Indiana Insurance Commissioner.
Distributing compensation from the judgment or settlement. Our firm will settle any healthcare or other liens that were imposed when your claim was pending, deduct the contingency fee (if your claim was handled on that basis) and expenses incurred, and distribute the rest of the compensation to you.
Types of Medical Malpractice Claims We Handle
At Baker & Gilchrist, our seasoned Bloomington medical malpractice lawyers are specifically focused on these types of cases. We are here to help clients with claims of:
- Hospital Malpractice
- Emergency Room Malpractice
- Anesthesia Complications
- Birth Injuries
- Missed or Delayed Diagnosis
- Medical Negligence
- Medical Errors
- Nursing Home Abuse
- Wrongful Death
If you or a loved one suspects you have been harmed by medical malpractice, contact us today to discuss your case for free.
Medical Malpractice Resources for Bloomington Residents
Indiana’s medical malpractice laws are extremely complicated, but we want our clients to be as informed as possible about the process for filing a lawsuit. Some of the questions we frequently answer are:
- How does the Indiana Patient’s Compensation Fund work?
- If I file a medical malpractice lawsuit, will I have to testify in court?
- How long do I have to file a medical malpractice lawsuit in Indiana?
- Is there a limit on attorney fees in medical malpractice cases?
- One law firm looked at my case and decided not to pursue a lawsuit. Can Baker & Gilchrist help me?
In addition, our firm also offers a collection of medical malpractice videos to inform potential clients about the process and their rights as patients.
About Our Bloomington Medical Malpractice Law Firm
As compassionate medical malpractice attorneys, Rex Baker and Caroline Gilchrist are committed to helping Bloomington residents who have been injured due to someone else’s negligence, carelessness, or recklessness. We have more than 60 years of combined litigation experience, and we take a team approach to helping injured clients.
In addition to our skilled attorneys, our Bloomington medical malpractice law firm is proud to work with a team of nurse consultants, medical experts, and legal staff members to provide clients with outstanding service and strong legal representation.
Although most of the medical professionals in Bloomington and Monroe County are focused on providing excellent care to patients, there are unfortunately cases where preventable harm occurs. Our dedicated legal team is available to meet with current or former patients of local hospitals and healthcare facilities, including:
- IU Health Bloomington Hospital
- Bloomington Meadows Hospital
- Monroe Hospital
- OSF St. Joseph Medical Center
If you or a loved one has been injured due to an act of medical negligence, you need to speak with our experienced attorneys today. We will evaluate your claim for free, with no obligation, and discuss all your legal options. Call or fill out our online form to get started now.