Harmed by Medical Malpractice in Indianapolis?

If you believe a doctor, surgeon, nurse, hospital, or other healthcare provider made a mistake that harmed you, your first priority is your health. Seek appropriate follow-up care to address the harm — whether that means seeing a different doctor, going to another hospital, or getting a second opinion.

You are not required to continue treatment with the provider you believe made the error. Indianapolis has multiple hospital systems — IU Health, Eskenazi Health, Ascension St. Vincent, Community Health Network, and Franciscan Health — and you can seek care from any provider.

Do not delay treatment to "prove" the original provider was wrong. Getting proper care strengthens your case — it shows you took reasonable steps to mitigate your harm.

Write down everything you remember about what happened: the dates of treatment, the names of all healthcare providers involved, what you were told before the procedure or treatment, what happened during and after, and how the outcome differed from what was expected.

Request copies of all your medical records from the provider in question. Under federal law (HIPAA) and Indiana law, you have the right to your own medical records. Request them in writing and keep copies of everything — before records, during records, and after records. These documents are the foundation of a malpractice claim.

After a medical error, the hospital or provider's risk management team may reach out to you. They may express sympathy, offer to cover additional treatment costs, or ask you to describe what happened. Their primary purpose is to protect the institution, not you.

Be cautious about what you say and what you sign. Do not sign releases, waivers, or authorizations without understanding their full implications. A sympathetic conversation with a risk manager is not the same as accountability — and anything you say may be used to minimize the institution's liability.

Indiana has one of the most distinctive medical malpractice systems in the country. Before you can file a lawsuit against a qualified healthcare provider, you must first file a complaint with the Indiana Department of Insurance. This is mandatory under the Indiana Medical Malpractice Act (Ind. Code § 34-18).

After you file with the Department of Insurance, a medical review panel — consisting of three healthcare providers — will review the evidence and issue an opinion on whether the standard of care was met. This opinion is not binding, but it can be presented as evidence if the case goes to trial.

This process adds time and complexity to medical malpractice claims in Indiana. It's one of the key reasons you need an experienced medical malpractice attorney early in the process.

Under Indiana Code § 34-18-7-1(b), you have two years from the date the malpractice occurred to file a complaint with the Indiana Department of Insurance. This is a firm deadline — if you miss it, you lose your right to pursue the claim entirely.

For cases where the malpractice wasn't discovered immediately — such as a surgical instrument left inside a patient — the discovery rule may extend the deadline, but there are limits. For minors, the statute may be tolled until the child reaches a certain age.

The 2-year clock starts from the date of the act of malpractice, not from when you realized something went wrong. This makes it critical to consult an attorney as early as possible.

Indiana caps total damages in medical malpractice cases at $1,800,000 for acts of malpractice occurring after June 30, 2019 (Ind. Code § 34-18-14-3). This cap includes all damages — medical expenses, lost wages, pain and suffering, and everything else combined.

The healthcare provider's liability is capped at $500,000. Any award above that, up to the $1,800,000 total cap, is paid from the Indiana Patient's Compensation Fund, a state-managed fund that qualified healthcare providers pay into.

This cap applies regardless of how severe the injury is — even in cases of catastrophic harm or death. It's one of the most debated aspects of Indiana medical malpractice law and is an important factor in evaluating the potential value of your case.

Medical malpractice cases require proving four elements: that the healthcare provider owed you a duty of care, that they breached the standard of care (made an error that a competent provider would not have made), that the breach caused your injury, and that you suffered actual damages as a result.

This requires expert medical testimony — you'll need a qualified medical expert to review your records and opine that the provider's care fell below the accepted standard. Your attorney will arrange for this review.

In addition to medical records, preserve all records of your expenses: medical bills, prescription costs, lost wages documentation, travel expenses for medical appointments, and any other costs related to the malpractice.

Medical malpractice cases in Indiana are among the most complex personal injury claims. The mandatory Department of Insurance filing, the medical review panel process, the damages cap, and the need for expert medical testimony make these cases impossible to navigate without experienced legal help.

Medical malpractice attorneys in Indianapolis typically offer free consultations and work on contingency — you pay nothing unless they win your case. Because these cases are expensive to pursue (expert witnesses, medical record review, panel proceedings), attorneys are selective about the cases they accept. A consultation will help you understand whether you have a viable claim.