Thank you, friend.
Well, first let us discuss exactly what
medical malpractice is, and how it is defined in Indiana.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence
," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
In a medical malpractice case
those elements are: (1) that the physician owed a duty to the plaintiff; (2) that the physician breached that duty; and (3) that the breach proximately caused the plaintiff's injuries. Watson v. Medical Emergency Services (1989), Ind. App., 532 N.E.2d 1191, 1193, reh'g denied, trans. denied.
Normally, the attorney files a demand letter before going to Court, and the medical entity's insurance company usually
settles to avoid litigation if there is at least a chance that the case would win, because litigation itself is expensive.
However, if you contact "big" firms, they will only be interested in "big" numbers. You may wish to contact solo and small/medium sized-firms that are interested more in representation than simply a payout. May I recommend the Indiana Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
From what you have told me, you indeed may have a case, but it may take some searching to find an attorney that you can trust and is willing to take the case.
I hope this helps and clarifies. Good luck.
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