Amputation of foot

[doucar]

They take the cases on contingent, if the believe it is financially significant enough to go to all the expense of a lawsuit, One of the ways they learn that is to have the medical records examined by a doctor, in many states this is required before they can file the lawsuit. Some firms are finacially sound enough to absorb that cost initially others are not. It may be this firms way of determining how serious you are,

 

[quincy]

I guess this is where I’m ignorant. I thought lawyers took mal med cases on a contingent bases but maybe that’s personal injury. I also thought that if I did pay they would at least file and let the court decide it out. Instead I’m paying $3000 to have them read a few pages of my medical records that I supplied.

There are several reasons why medical malpractice attorneys will decline to take a case, or offer to take a case on a contingency basis, or offer to take a case but require payment upfront for their services.

Although it is possible that a few of the attorneys you contacted already have heavy caseloads and lack the time necessary to invest in another case, a common reason for an attorney declining a case on a contingency basis would be that the attorney feels any damages that might be negotiated in a settlement or awarded after a successful trial would not be enough to cover his own costs. Attorneys naturally want to be compensated fairly for their work.

What I suggest you do before setting up an appointment with another lawyer is to set up an appointment with a medical doctor (or two) who specializes in diabetes. Take your medical records with you. Having this independent medical opinion can not only better help you assess your situation, it could help you, and possibly an attorney, decide whether there is a legal action worth the (generally high) costs of pursuing.

It can be important to note that, even if you have trouble finding a medical malpractice attorney to handle your case, this does not necessarily mean there was not malpractice. It just means that you might be limited to reporting the doctor to the medical board for an investigation and possible disciplinary action.

Good luck.

edit to add: Are you looking to recover more than $15,000? If not, you may have another option.

 

[Jak411]

There are several reasons why medical malpractice attorneys will decline to take a case, or offer to take a case on a contingency basis, or offer to take a case but require payment upfront for their services.

Although it is possible that a few of the attorneys you contacted already have heavy caseloads and lack the time necessary to invest in another case, a common reason for an attorney declining a case on a contingency basis would be that the attorney feels any damages that might be negotiated in a settlement or awarded after a successful trial would not be enough to cover his own costs. Attorneys naturally want to be compensated fairly for their work.

What I suggest you do before setting up an appointment with another lawyer is to set up an appointment with a medical doctor (or two) who specializes in diabetes. Take your medical records with you. Having this independent medical opinion can not only better help you assess your situation, it could help you, and possibly an attorney, decide whether there is a legal action worth the (generally high) costs of pursuing.

It can be important to note that, even if you have trouble finding a medical malpractice attorney to handle your case, this does not necessarily mean there was not malpractice. It just means that you might be limited to reporting the doctor to the medical board for an investigation and possible disciplinary action.

Good luck.

edit to add: Are you looking to recover more than $15,000? If not, you may have another option.

thank you! This makes sense! It almost seemed like the lawyers each sent this blanket statement that they couldn’t help me and to seek council elsewhere. No reasoning behind it so I was wondering if in fact just like everyone that they are either short staffed or can’t take any new case loads.

I appreciate everyone’s input as I’m trying to learn as I go.

I don’t know what dollar amount is warranted in this case. I’d like to be compensated for my medical appliances afterwards, the value of not participating in things even such as driving But most of all the time with family and doing the things we loved liked hiking at Gatlinburg, going to the beach and other walking adventures.

 

[quincy]

thank you! This makes sense! It almost seemed like the lawyers each sent this blanket statement that they couldn’t help me and to seek council elsewhere. No reasoning behind it so I was wondering if in fact just like everyone that they are either short staffed or can’t take any new case loads.

I appreciate everyone’s input as I’m trying to learn as I go.

I don’t know what dollar amount is warranted in this case. I’d like to be compensated for my medical appliances afterwards, the value of not participating in things even such as driving But most of all the time with family and doing the things we loved liked hiking at Gatlinburg, going to the beach and other walking adventures.

For most medical malpractice claims in Indiana, the injured party will ask for reasonable compensation, with “reasonable” determined through a settlement or by a judge and jury after the presentation of evidence. You do not state a specific figure but instead need to justify through recitation of past, present and future expenses an award of damages enough to cover your losses.

In Indiana, however, an injured party also has the option of suing for up to $15,000. This is similar in some ways to filing a small claims lawsuit. This is described in the Indiana Medical Malpractice, Article 18, link that I provided earlier.

Chapter 8 of Article 18 speaks to the commencement of a medical malpractice action. See 34-18-8-6: https://casetext.com/statute/indiana-code/title-34-civil-law-and-procedure/article-18-medical-malpractice/chapter-8-commencement-of-a-medical-malpractice-action/section-34-18-8-6-claims-not-greater-than-15000-commencement-of-action-dismissal-without-prejudice

I have no idea if this is something that you can or should pursue. Again, you will want personal advice and direction from an attorney in Indiana experienced in Indiana medical malpractice claims. You might have to pay for this review so you will need to decide if the cost is worth it.

I am sorry that your life has been altered so drastically. I can understand how difficult the necessary adjustments in your daily life must be. I just don’t know if there is a legal remedy available. For that you will need to find local legal assistance.

Good luck.