315 E. Charles St.
Muncie, Indiana 47305
FAX: (765) 747-1991
Consultation with Dr. Edler
If you think you may be a victim of a preventable medical error or medical malpractice/negligence, call Dr. Edler. He will talk with you about your or your loved one's injury or injuries without charge. Not infrequently he has a good idea whether medical malpractice/negligence occurred, just by talking with you and asking you pertinent questions much as a physician takes a history as part of an examination. Neither Dr. Edler nor any physician, for that matter, is an expert in all specialties of medicine – that is impossible. But if warranted and necessary, in his opinion, he will personally research the medical issues involved and when warranted and necessary, in his opinion, he may consult with other physicians who have additional expertise in a particular specialty.
Sometimes in the initial evaluation process for medical malpractice, it will be necessary to obtain the patient's/claimant's relevant medical records to better judge whether medical malpractice occurred. (Ultimately in the process, medical malpractice/negligence must almost always be established from the medical records to have any chance of obtaining a successful or favorable recovery for the plaintiff/wrongfully injured patient. In other words, there almost always has to be documented evidence in the medical records for medical malpractice.) In many of these cases, it will usually be necessary for you to sign a contract for representation because of the time and expertise involved in reviewing medical records. Usually when Dr. Edler accepts representation, he works on a contingency fee basis (a percentage of the recovery –favorable settlement or judgment for the client/wrongfully injured patient). There is no fee if there is no recovery. If this stage is reached, Dr. Edler will go over the contract with you in detail and answer all of your questions before you decide to make a commitment to sign the contract. Dr. Edler wants you to understand and be comfortable with him and this process before you sign any contract.
Occasionally, after talking with you, if Dr. Edler believes that the probability of discovery of medical malpractice/negligence or of a preventable medical error in the medical records is not favorable or damages are unlikely to be sufficient to warrant a claim and you, nevertheless, want him to review your medical records from a medical-legal perspective to obtain his opinion, he may do so for a fee. He will only perform such a review of your medical records after discussing this matter with you further. (Keep in mind that Dr. Edler is not a testifying medical witness in these cases and will not act as such; he is a legal medicine (medical malpractice) attorney.) Dr. Edler will give you his medical-legal opinion whether or not he believes there is liability (medical malpractice) and whether he believes there are sufficient damages to warrant pursuit of a claim.
Please be aware and advised that in some cases, even after a thorough review of the medical records by Dr. Edler, it is not possible for him to determine from the medical records if medical malpractice occurred. This can be dependent on what information has been recorded in the medical record(s) that is reviewed or evaluated for medical malpractice and/or damages/injury.
Please be aware it can take several months to obtain all medical records and several more months before review is complete.
If, after reviewing the medical records, it is Dr. Edler's opinion that there is no or questionable medical negligence and/or if he is of the opinion that there are insufficient damages to warrant or justify litigation, he will advise you as soon as he has made this decision. This will usually be done by letter. If, after review of the medical records, Dr. Edler is not in a position to offer his services to you, you are certainly free to obtain a second legal opinion should you wish to pursue your claim keeping in mind the applicable Statute of Limitations (See What is a Statute of Limitations.)
If on the other hand, medical malpractice/negligence/preventable medical error is found as well as sufficient damages to warrant or justify commencement of a claim under the Indiana Medical Malpractice Act and an applicable contingency fee contract has been signed, a “proposed complaint” will be filed with the Commissioner of the Indiana Department of Insurance and the medical malpractice claim process will begin. (See Indiana Medical Malpractice Act.)