What Counts as Medical Malpractice in Indiana?

When a patient suffers serious harm due to a medical error, getting to the truth often requires extensive investigation. A Carmel personal injury lawyer from Christie Farrell Lee & Bell can assist by:

  1. Collaborating with expert medical witnesses to assess whether the provider violated the standard of care.
  2. Carefully reviewing medical records to identify where and how mistakes occurred.
  3. Managing Indiana’s mandatory pre-suit filing steps, including the Medical Review Panel process.
  4. Advocating for families in wrongful death or catastrophic injury cases where long-term care or compensation is needed.

Medical malpractice cases rely on documentation, expert input, and strategic legal work. Our team has over four decades of experience building cases that meet Indiana’s legal standards and give families a real opportunity to pursue accountability and financial recovery after preventable medical harm.

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What Counts as Medical Malpractice in Indiana?

Some of the top causes of medical malpractice in Indiana include:

  • Surgical mistakes, such as wrong-site surgery or leaving tools in the body.
  • Misdiagnosis or delayed diagnosis that prevents timely treatment.
  • Birth injuries caused by errors during labor or delivery.
  • Anesthesia errors, including incorrect dosing or failure to monitor.
  • Medication mistakes, like prescribing or administering the wrong drug.
  • Lack of informed consent, where the patient wasn’t told about risks or alternatives.

These cases are never simple. Proving malpractice requires demonstrating that a provider deviated from established protocols, which can involve hundreds of pages of records and expert interpretation. Our team ensures these legal and medical standards are effectively met.

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Indiana’s Unique Medical Malpractice System: What You Need to Know

Indiana’s medical malpractice system is one of the most structured in the country. Key aspects of it include:

  • Mandatory Medical Review Panel: Before a lawsuit can proceed to court, claims must be reviewed by a panel of three healthcare providers. This panel evaluates the evidence and provides an opinion on whether the standard of care was breached.
  • Patient’s Compensation Fund (PCF): Indiana has a state-managed fund covering damages that exceed individual healthcare providers’ liability limits. To participate, providers must carry a minimum amount of malpractice insurance and pay a surcharge to the PCF.
  • Caps on damages: The state imposes caps on the total amount recoverable in medical malpractice cases. As of now, the total cap is $1.8 million, encompassing both economic and non-economic damages.
  • Statute of limitations: Patients must file a malpractice claim within two years of the alleged act or omission. However, there are exceptions, such as for minors under six years old, who have until their eighth birthday to file a claim.

Indiana’s medical malpractice system operates under a strict and highly regulated framework, making it different from most other states. For injured patients and families, this structure adds multiple legal layers that must be addressed before a claim can even reach the courtroom. 

At Christie Farrell Lee & Bell, we understand how overwhelming this system can feel, especially when you’re already coping with the physical, emotional, and financial fallout of a medical mistake.

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How to Know if You Have a Valid Malpractice Claim

The difference between medical malpractice and medical negligence lies in the legal standards required to bring a claim. While both involve substandard care, malpractice refers to a provider’s failure to meet the accepted standard in a way that directly causes harm, making it a legally recognized basis for compensation under Indiana law.

Medical malpractice claims require meeting a high standard of proof. Here are the elements our attorneys will assess:

  1. A doctor-patient relationship existed at the time of treatment.
  2. A breach of the standard of care occurred, meaning the provider acted differently than a competent peer would have.
  3. The breach caused direct harm, such as injury, illness, or death.

These elements must be backed by documentation, expert reviews, and often testimony. 

What Damages Can You Recover in a Medical Malpractice Lawsuit?

Patients who file malpractice lawsuits may be eligible to recover compensation for:

    • Past and future medical expenses, including hospital stays, surgeries, and rehabilitation.
    • Lost income, especially if the injury limits future earning potential.
    • Pain and suffering related to physical and emotional distress due to the incident.
    • Disability or disfigurement, particularly when the impact is permanent or life-altering.
  • Wrongful death.

While Indiana law sets a cap on damages, the most you can recover in a medical malpractice case depends on several factors, including your age, health history, the extent of your injuries, and available insurance coverage. A free consultation with an attorney from Christie Farrell Lee & Bell is an opportunity to get an informed estimate of your case’s full potential value.

How Compensation Is Calculated

Your medical malpractice lawyer will work with medical and financial experts to evaluate the injury’s long-term impacts, including future care needs, occupational limitations, and quality-of-life changes. By documenting these losses clearly and strategically, we strengthen your claim and improve your chances of a favorable outcome in or out of court.

Talk to a Carmel Medical Malpractice Lawyer Today

If you suspect you have a medical malpractice case, don’t wait to seek answers. We’ve spent decades handling complex cases throughout Indiana, including right here in Carmel. 

Our case results show how we approach each claim with a focus on evidence, strategy, and getting meaningful results for people harmed by medical mistakes. Here’s how we can help you move forward:

  1. Evaluate medical records and consult experts: We identify where care fell short and work with independent medical professionals to determine whether your provider violated the standard of care.
  2. Navigate Indiana’s medical review process: We handle all pre-suit requirements, including preparing your case for the Medical Review Panel and ensuring your claim meets legal filing standards.
  3. Build a damages-based strategy: We calculate short- and long-term losses using medical, financial, and occupational evidence, drawing from prior case results to guide expectations.

If you’re unsure whether you have a claim, we’ll give you an informed opinion based on your specific situation. To speak with a Carmel medical malpractice lawyer and explore your legal options, contact us today for a free consultation.