Indianapolis, Indiana Medical Malpractice Lawyers

Last updated on November 20, 2025

If you or a loved one has suffered from a medical or surgical error, you might need an Indianapolis medical malpractice lawyer to help you file a medical malpractice claim. In pursuing this claim, you will have to prove that a medical provider breached the standard of care and caused an avoidable injury or death.

You will want to consult a knowledgeable personal injury lawyer who has experience handling medical malpractice claims.

At Hovde Dassow + Deets, LLC, our lawyers have represented victims of medical malpractice for more than 50 years.

Recovered $55 Million In Total Compensation For Medical Malpractice Cases

Our medical malpractice law firm has been selected as one of seven Tier 1 law firms in Indiana for medical malpractice law due to our careful analysis of potential claims and meticulous case preparation. Our medical malpractice lawyers are ready to help however we can and will put our experience and skills to work for you.

Suffering from medical malpractice in Indiana? Contact us online or call 888-229-1778 for a free, no-obligation consultation with one of our Indianapolis medical malpractice attorneys.

What Is Medical Malpractice In Indiana?

Medical malpractice occurs when doctors, health care providers, hospitals or their staff provide care that is below accepted standards, resulting in injury or death. Note that a poor outcome following medical treatment does not necessarily indicate that medical malpractice has occurred.

For a medical malpractice case to be valid in Indiana, the injured party must prove four essential legal elements:

• Duty of care: The existence of a professional relationship between the patient and the health care provider establishes a legal obligation to provide care according to established standards.
• Breach of duty (negligence): The health care provider failed to meet the accepted standard of care, acting in a way that a reasonably prudent provider would not have under the same circumstances.
• Causation: The provider’s negligent act or omission was the direct and proximate cause of the patient’s resulting injury, death and/or measurable damages.
• Damages: The patient suffered actual, measurable harm, such as physical injury, permanent disability, financial loss or death, that resulted from the negligence.

When these four elements are proven, a claim of medical malpractice is legally established.

Medical Malpractice Examples

Some of the most common examples of medical malpractice include:

• Diagnostic errors
  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
• Surgical errors
  • Damage to a nerve or blood vessel
  • Medical instruments or other foreign objects left inside a patient during surgery
  • Failure to properly treat a fracture
  • Poor follow-up or aftercare
• Medication and anesthesia errors
  • Prescribing and dosage errors
  • Negligent anesthesia management
• Obstetric and birth injuries
  • Fetal and neonatal injury
  • Prenatal treatment errors
  • Delivery errors
• Hospital and nursing home negligence
  • Emergency room errors
  • Systemic hospital malpractice
  • Abuse or neglect in long-term care
  • Failure to properly treat an infection
  • Premature discharge
  • Failure to protect against suicide risks
• Informed consent and referral failures
  • Failing to inform the patient of alternative treatments
  • Lack of informed patient consent
  • Failure to treat an injury or disease in a timely manner
  • Failure to refer a patient to a specialist
  • Failure to obtain a patient’s medical history

If you or a loved one has experienced injury due to one of these errors, speaking with a legal professional can help determine if the four elements of medical malpractice are present in your case.

How To Report Medical Malpractice

Suspected medical malpractice should be reported to the proper authorities so that the involved parties can be properly investigated and, if necessary, prosecuted. By reporting medical malpractice, you can help ensure that others do not suffer the same fate that you and your family have.

First, if you suspect that you or anyone else is in imminent danger, call 911.

In all other instances, you can report alleged medical malpractice in Indiana to the Office of the Attorney General. You can initiate this reporting process online (click here to visit the Attorney General’s Office’s consumer complaint form) or by calling 888-229-1778. If possible, you should submit copies of documents you have supporting your claim, such as copies of your medical records.

Our attorneys at Hovde Dassow + Deets, can assist you in reporting medical malpractice to the appropriate parties if you believe that you or someone you know has suffered due to substandard medical care. Reach out to us today to learn more.

How To File A Medical Malpractice Claim In Indiana

Filing a medical malpractice claim for financial compensation is a complex, multi-step process governed by the Indiana Medical Malpractice Act. For most claims seeking over $15,000, a lawsuit cannot be filed in court until the claim has been reviewed by a medical review panel. Following these steps is mandatory:

1. Submit a proposed complaint to the IDOI: The patient’s attorney must first submit a proposed complaint to the Indiana Department of Insurance. This officially begins the claim process and tolls (pauses) the statute of limitations.
2. Request a medical review panel: Within 20 days of the proposed complaint being filed, either the patient or the health care provider can request the formation of a Medical Review Panel (MRP). This review is required for most cases to proceed.
3. Form the medical review panel: Both sides participate in selecting the panel members, which typically consists of three independent medical providers and a nonvoting attorney-chair. The chair manages the process, and the medical providers review the evidence.
4. Panel reviews written evidence: The panel considers only written evidence, such as medical records, expert reports, and depositions (sworn testimony) from the patient, doctor, and witnesses. No live testimony or in-person hearing is conducted.
5. Panel issues an opinion: After review, the panel issues a written opinion that concludes whether the health care provider “failed to meet the standard of care”. The cost of the panel (over $3,000) is paid by the doctor only if they are found to have been negligent.
6. File lawsuit (if necessary): The panel’s opinion is generally admissible as evidence if the patient chooses to proceed with a formal lawsuit in an Indiana court. The case can only be formally filed in court once the panel has issued its opinion or the claim has been released by the IDOI.

Our attorneys at Hovde Dassow + Deets, can assist you with reporting medical malpractice to the appropriate authorities. We also provide comprehensive guidance through the complex Indiana Medical Review Panel process if you seek financial compensation. Reach out to us today to learn more.

Proving A Medical Malpractice Claim In Indiana

A medical practitioner can be found guilty of medical negligence in cases involving a medication error, improper treatment of infection, failure to properly refer a patient to a specialist, misdiagnosis, a delay in diagnosis, or another act of negligence or malpractice, with an investigation into the patient’s medical history. In addition, you will have to prove that the medical practitioner’s negligence was directly responsible for your injuries.

To prove negligence in your medical malpractice claim, testimony from experts qualified in and knowledgeable about the particular medical specialty is almost always required. Our Indiana medical malpractice attorneys at Hovde Dassow + Deets, work with highly credentialed medical experts to build a strong case with the goal of obtaining a significant recovery in meritorious cases. We know how to prove medical provider negligence and are committed to seeking maximum settlement or verdict. To date, we have secured more than $300 million in compensation for our clients.

Preparing One’s Case For Review By A Medical Review Panel

The result of a medical review panel can be critical to the outcome of a patient’s case. It is important for a person to prepare carefully for the panel’s review. Likewise, a careful investigation is necessary if a case goes forward into litigation.

If you are going through a medical malpractice issue, don’t hesitate to reach out to our Indianapolis medical malpractice lawyers to discuss your options today.

Compensation In Medical Malpractice Claims

The types of damages covered in medical malpractice cases vary. For example, when negligence involves surgery, victims are often compensated for long-term medical expenses, pain and suffering, lost wages and permanent disability. Cases involving prenatal or delivery errors may include compensation for a child’s long-term care, especially if the negligence led to long-term disability or death. Only a thorough review of the details of your case will provide a picture of what types of damages you may be entitled to receive, as well as the potential overall value of your claim.

That being said, many medical malpractice cases allow plaintiffs to seek compensation for the following types of damages:

• Medical expenses related to treating the injury or condition caused or worsened by the medical provider’s negligent or wrongful conduct.
• Physical pain, emotional suffering, and mental anguish related to the victim’s injury, illness, or the death of a loved one.
• Lost income, wages, and other employment benefits for victims who are unable to work temporarily or permanently due to their injuries.
• Diminished quality of life/enjoyment of life due to temporary or permanent impairment, disability, injury or mental distress.

At Hovde Dassow + Deets, our Indiana medical malpractice attorneys can review the details of your case during a free initial consultation. We are happy to answer any questions you may have and can provide our professional counsel regarding your legal rights and options.

Is There A Cap On Medical Malpractice Damages In Indiana?

The Indiana Medical Malpractice Act currently provides for a maximum recovery of $1.65 million for acts of malpractice occurring before June 30, 2019, and $1.8 million for acts of malpractice occurring after June 30, 2019, regardless of the extent of the injuries and damages. The payment of medical malpractice settlements or judgments is a combination of a payment from the health care provider’s insurer and a payment from the Indiana Patient’s Compensation Fund, a pool of money managed by the state of Indiana and funded by a portion of the insurance premium paid by the doctor or hospital.

Serving Clients Throughout Indiana

At Hovde Dassow + Deets, victims of medical negligence find trusted advocates who serve communities throughout Indiana. With offices in Indianapolis and Lafayette, we provide statewide representation to those harmed by medical errors.

Our attorneys bring more than 150 years of combined legal experience to each case, delivering results through settlements and jury verdicts. Clients benefit from a no-cost consultation and the confidence of working with a team that has recovered hundreds of millions for injured victims. Whether you live in a rural area or a larger city, we are prepared to help.

Get A Free Consultation With An Indiana Medical Malpractice Lawyer

If you were injured or if someone you love died due to a trusted medical provider’s negligence, turn to our team at Hovde Dassow + Deets. We are here to help you get back on your feet and seek accountability from the liable party.

With more than 150 years of combined experience and a longstanding track record of success, our highly awarded and renowned firm has the resources, skills and reputation to effectively advocate for you.

Contact our office for your free consultation with our medical malpractice lawyers by calling 888-229-1778 or by filling out our online contact form. There are no fees unless we win your case.

Medical Malpractice FAQs

What is the statute of limitations on medical malpractice cases in Indiana?

The general statute of limitations on medical malpractice cases in the state of Indiana is two years, meaning you have just two years from the date of alleged malpractice to sue the liable party for damages. However, the law recognizes that some injuries resulting from medical malpractice cannot be discovered right away.

In such cases, the statute of limitations may be extended from the date on which the injury was discovered or reasonably could have been discovered and the plaintiff knew or reasonably should have known that the injury was the result of medical negligence.

Additionally, in cases involving children under the age of six when the act of alleged malpractice occurred, the child (or a parent or guardian acting on their behalf) has until their eighth birthday to pursue medical malpractice litigation.

What is a “medical review panel” complaint?

In Indiana, most people who wish to file a medical malpractice lawsuit must first receive an opinion on their case from a medical review panel. To receive such an opinion, you will need to file a medical review panel complaint with the Indiana Department of Insurance prior to initiating litigation.

Once you have submitted your proposed complaint, you will have the opportunity to present evidence supporting your claim. The defendant will also be allowed to submit evidence supporting their side of the case. The panel, which consists of three health care professionals and one attorney, will then review all submitted evidence to determine if you have a viable case. Once you have received an opinion from the medical review panel, you have just 90 days to file your lawsuit.

Does everyone have to receive a medical review panel opinion to file a medical malpractice lawsuit?

Indiana has two exceptions to the medical review panel process. If you are seeking less than $15,000 in damages (as stated in your court complaint), or if you and the defendant have a written agreement stating that you both wish to forgo the medical review panel process (attached to your court complaint), you do not need to obtain a medical review panel opinion before filing a medical malpractice lawsuit.

Can you sue a doctor for malpractice in Indiana?

Yes, you can sue an individual doctor – or any other health care practitioner, such as a surgeon, anesthesiologist, OB/GYN, oncologist, dentist, registered nurse, specialist, etc – for malpractice in Indiana. You may also bring a lawsuit against a hospital or similar medical facility, depending on the specifics of your situation.

Our medical malpractice attorneys can review the details of your case and determine who is liable. Then, we can aggressively pursue the full and fair compensation you are owed.