Indiana Medical Malpractice Lawyer

Contact our office for a confidential case review with an Indianapolis, IN medical malpractice lawyer.

If a doctor, surgeon, hospital, or other medical provider has caused you harm through negligence in Indianapolis, the path to accountability is more complicated than most personal injury cases. Indiana imposes procedural requirements on medical malpractice claims that do not apply to other injury cases, including a mandatory medical review panel process that must be completed before you can file a lawsuit. Without an attorney who understands this framework, critical deadlines and procedural steps can be missed.

Ward & Ward Personal Injury Lawyers has handled medical malpractice claims in Indiana for over three decades. Our Indianapolis, IN medical malpractice attorney knows how to work through the state’s unique medical liability system and pursue compensation that reflects the true cost of your injuries. Contact us for a free consultation.

Medical Malpractice Lawyer Indianapolis

What qualifies as medical malpractice under Indiana law?

Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, and that deviation causes injury to the patient. Standard of care means the level of treatment that a reasonably competent provider in the same specialty would have delivered under similar circumstances. Falling below that standard through action or inaction is the basis for a malpractice claim.

Indiana governs medical malpractice claims under the Indiana Medical Malpractice Act, codified in IC 34-18. This statute creates a distinct legal framework that separates malpractice claims from ordinary negligence cases. It establishes damage caps, mandatory review panels, and a Patient’s Compensation Fund that affects how and how much injured patients can recover. An Indianapolis medical malpractice lawyer must be thoroughly familiar with this system to build an effective case.

Types of Medical Malpractice Cases We Handle in Indianapolis

Ward & Ward Personal Injury Lawyers represents patients and families harmed by medical negligence across Indianapolis, IN, and throughout Indiana. Medical malpractice takes many forms, and each type of case presents its own evidentiary and procedural challenges.

• Surgical injuries. Wrong-site surgery, retained surgical instruments, nerve damage during a procedure, and unnecessary operations all fall within this category. Surgical errors are among the most clear-cut forms of malpractice, but proving the specific cause of the error still requires detailed medical record review and testimony from qualified professionals.
  
• Misdiagnosis and delayed diagnosis. A doctor who fails to diagnose cancer, a heart condition, or an infection promptly may have allowed the disease to progress to a point where treatment is far more difficult or no longer effective. Research from the AHRQ has consistently identified diagnostic errors as one of the most common and harmful forms of medical error. These cases turn on whether a competent physician in the same specialty would have identified the condition earlier.
  
• Anesthesia. Administering too much or too little anesthesia, failing to review a patient’s medical history for contraindications, or inadequate monitoring during a procedure can lead to brain damage, cardiac arrest, or death.
  
• Prescription errors. Prescribing the wrong medication, the wrong dosage, or a drug that interacts dangerously with the patient’s other prescriptions is a preventable form of harm. Pharmacy errors and hospital dispensing mistakes also fall under this category.
  
• Birth injuries. Errors during labor and delivery can cause devastating, lifelong harm to both the child and the mother. Improper use of forceps or vacuum extraction, failure to monitor fetal distress, and delayed emergency C-sections are common causes of birth-related brain injuries.
  
• Hospital accidents. Hospitals can be held liable for staffing failures, inadequate supervision, healthcare-associated infections, and systemic errors in patient care protocols. These cases may involve claims against the facility itself, not just the individual provider.
  
• Failure to treat. A provider who correctly diagnoses a condition but fails to administer appropriate treatment, refer the patient to a specialist, or follow up as needed may be liable for the harm that results from inaction.
  

Why Choose Ward & Ward Personal Injury Lawyers for Medical Malpractice in Indianapolis, IN?

The Experience to Handle Indiana’s Complex Malpractice System

Medical malpractice cases in Indiana require attorneys who can manage the medical review panel process, work with physician consultants to establish the standard of care, and present a case that withstands scrutiny from both the panel and a jury. Ward & Ward Personal Injury Lawyers has that depth of experience.

Charles P. Ward has litigated complex injury cases since 1989. He is admitted to practice in the U.S. District Courts for both the Northern and Southern Districts of Indiana, holds an AV Preeminent rating from Martindale-Hubbell, and has been recognized by Super Lawyers annually since 2005. His litigation background includes cases involving extensive medical evidence and multiple defendants.

Donald W. Ward has been a licensed Indiana attorney since 1954 and is a Fellow of the Indiana College of Trial Lawyers. His decades of trial experience in Marion County and across Indiana give the firm a depth of courtroom knowledge that is especially valuable in cases that proceed past the medical review panel to litigation. Don is a past President of the Indiana Trial Lawyers Association and a member of the American Association for Justice.

Ward & Ward Personal Injury Lawyers has helped clients recover millions of dollars in serious injury and wrongful death cases. As personal injury attorneys in Indianapolis, IN, we represent injured patients and their families exclusively.

Medical Malpractice Case Overview

Damages, Liability, and Compensation for Medical Malpractice Cases

Indiana’s Medical Malpractice Act caps total damages that can be recovered against a qualified healthcare provider. For acts of malpractice occurring after June 30, 2019, the total recovery is capped at $1.8 million under IC 34-18-14-3. The individual provider’s liability is limited to $500,000 per occurrence, with the balance paid from the state’s Patient Compensation Fund.

Within those limits, patients may recover economic damages including medical expenses, rehabilitation costs, lost wages, and future care needs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In fatal malpractice cases, surviving family members may pursue a wrongful death claim.

Proving liability requires demonstrating that the healthcare provider owed a duty of care, breached the accepted standard, and caused the patient’s injury as a direct result. This almost always requires testimony from a medical professional in the same or similar specialty who can establish what a competent provider would have done under the same circumstances.

Important Aspects in Your Medical Malpractice Case

Indiana’s malpractice framework adds procedural requirements that do not exist in other personal injury cases. Understanding these steps to take after medical malpractice is critical.

• Before filing a lawsuit, you must submit your claim to a medical review panel composed of three healthcare providers and a non-voting attorney chairperson. The panel reviews the evidence and issues a written opinion on whether the provider met the standard of care.
• The panel’s opinion is admissible at trial but is not binding. Either party can call panel members as witnesses. The panel process can take a year or longer, which makes early filing essential.
• Indiana’s statute of limitations for medical malpractice is two years from the date of the act of malpractice under IC 34-18-7-1. Filing a proposed complaint with the Indiana Department of Insurance tolls the statute while the panel process is pending.
• Do not delay consulting an attorney. The combination of the two-year deadline and the length of the panel process means that waiting too long can jeopardize your ability to bring a claim at all.

Medical Malpractice Case Timeline

Medical malpractice cases in Indiana move through a distinct procedural sequence that makes them among the longest injury cases to resolve.

• Medical records review. We obtain and review all relevant treatment records, imaging, operative notes, and nursing documentation. We consult with physicians in the same specialty to evaluate whether the standard of care was met.
• Filing with the IDOI. A proposed complaint is filed with the Indiana Department of Insurance, which initiates the medical review panel process. This step also tolls the statute of limitations.
• Medical review panel. The panel reviews submissions from both sides and issues a written opinion. This process commonly takes 12 to 18 months, sometimes longer.
• Litigation. If the panel’s opinion is favorable or if we believe the case merits trial regardless of the panel’s findings, we file suit. Discovery, depositions, and trial preparation follow standard civil litigation timelines.

What to Bring to Your Medical Malpractice Consultation

The more information you bring to your initial meeting, the more efficiently we can evaluate your claim.

• All medical records related to the treatment in question, including imaging, lab work, and operative reports
• A written timeline of your symptoms, treatment, and any worsening of your condition
• Names and contact information for every provider involved in your care
• Insurance information and billing statements
• Any communications you’ve had with the healthcare provider about the incident

We will review the facts, assess whether a deviation from the standard of care occurred, and explain how Indiana’s medical malpractice process would apply to your case. This consultation is free.

Indiana Legal Resources for Medical Malpractice

Indiana’s medical malpractice laws are primarily found in Article 18 of Title 34 of the Indiana Code. These resources provide additional information.

• The Indiana General Assembly publishes the full text of IC 34-18, which governs the Indiana Medical Malpractice Act, including the medical review panel process, damage caps, and the Patient’s Compensation Fund.
• The Indiana Department of Insurance administers the medical review panel process and oversees the Patients’ Compensation Fund.
• The Indiana Judicial Branch provides court procedures and filing information for Marion County and courts across Indiana.
• IC 34-18-7-1 establishes a two-year statute of limitations for medical malpractice claims, running from the date of the act of malpractice. Filing a proposed complaint with the IDOI tolls this deadline.
• IC 34-18-14-3 caps total damages at $1.8 million for acts occurring after June 30, 2019. The individual provider’s liability is capped at $500,000, with any excess paid from the Patient’s Compensation Fund.

Reach Out to Ward & Ward Personal Injury Lawyers to Schedule a Consultation

If you believe you or a family member has been harmed by medical negligence in Indianapolis, IN, Ward & Ward Personal Injury Lawyers can help you evaluate your claim and navigate Indiana’s medical malpractice process. We offer free consultations and handle malpractice cases on a contingency fee basis. You pay nothing unless we recover compensation on your behalf. Contact our medical malpractice attorneys in Indianapolis today.