After a serious medical injury, a patient may want to know right away whether malpractice occurred. However, a poor outcome alone does not prove that a doctor or hospital acted negligently. A law firm must first understand what happened, whether the care fell below accepted standards and whether that failure caused the harm. As a result, evaluating a potential case can take weeks or even months.
Gathering the complete medical story
The review often starts with a detailed intake. The firm may ask about the treatment, injury, medical history and providers involved. It then needs medical records that can show what happened before, during and after the alleged error.
Those records may come from several hospitals, doctors, pharmacies or other providers. Once they arrive, the legal team must organize them and create a timeline. This process helps attorneys compare symptoms, test results, treatment decisions and changes in the patient’s condition.
At the same time, the firm must consider legal deadlines. Under Indiana’s filing deadline, a patient generally must file a medical malpractice claim within two years of the alleged act, omission or neglect. Certain exceptions can affect that deadline, so the firm must consider timing while it reviews the facts.
Reviewing the evidence for negligence
Next, attorneys must decide whether the evidence points to medical negligence. This question often requires more than a review of the records. Medical decisions can involve complex symptoms, risks and treatment choices.
Therefore, a firm may consult a qualified medical expert. The expert can assess what a reasonable provider should have done under similar circumstances. The expert may also help determine whether a mistake actually caused the patient’s injury.
Indiana also requires many claims against qualified health care providers to go through a medical review panel before the patient files the case in court. The state’s medical review panel process gives the panel an opportunity to review the evidence and issue an opinion. This requirement can add another stage to an already detailed process.
Understanding why the review takes time
Because firms need records, timelines and medical opinions, they often cannot decide whether to accept a case during the first call. They may also need to consider whether the evidence can prove both negligence and causation. A longer review does not automatically mean a claim is strong or weak.
An attorney who handles Indiana medical malpractice cases can explain what information matters and how state procedures affect a potential claim. Speaking with one early may also help a patient understand deadlines and what to expect while the case receives a careful review.