Hovde Dassow + Deets, LLC

How often do surgical complications lead to legal action? What patients should know.

2026-05-21T21:21:07Z

Surgery can be life changing, but it also carries risk. It is important to know that a complication alone does not automatically mean a surgeon or hospital did something wrong. The more practical question is how often complications lead to legal action and what needs to be true for a claim to succeed. Understanding the difference between an accepted medical risk and medical negligence can help patients protect their health and make informed choices.

How often do complications turn into claims?

Most surgical complications do not become legal cases. Many resolve with follow-up care, good communication and clear explanations. Legal action is more likely when a complication is severe, unexpected or poorly managed, or when the patient feels dismissed or misled. A key point is that medical malpractice claims are based on fault, not outcome. In general, a patient must show that the care fell below the accepted standard of care and that this caused avoidable harm. Even then, only a portion of disputes move forward to litigation as most settle or are resolved through alternative dispute resolution.

Why some complications lead to legal action

Certain patterns are more likely to move forward with legal action. These often include:

A poor or rushed informed consent process, especially if risks and alternatives were not explained
Delayed diagnosis of a postoperative issue such as bleeding, infection or blood clot
Communication breakdowns between surgeon, nursing staff and on-call providers
Lack of timely escalation when symptoms worsen after discharge
Documentation gaps that make the clinical decisions hard to understand later

Those who can relate to one of these patterns can begin to gather copies of medical records and consider follow-up with an attorney to discuss legal options.

What patients should know and do

If you experience a complication, focus first on safety and clarity. The steps below can help you protect your health and preserve options.

Seek prompt medical evaluation, including a second opinion if symptoms persist
Request copies of records, operative notes and discharge instructions
Keep a timeline of symptoms, calls, visits and medications
Ask for a meeting to review what happened and what the plan is

Navigating the aftermath of a surgical complication is often overwhelming, but it is important to distinguish between an inherent medical risk and actionable negligence. Legal action becomes wise when there is evidence that someone on the medical team breached the standard of care.

What are your options after robotic surgery complications?

2026-05-18T10:33:30Z

Robotic assisted surgery often aims to improve accuracy, yet complications can still arise during or after the procedure. In Indiana, you may face issues such as unexpected injury, infection or problems tied to surgical tools or clinical decisions made during the operation. In some situations, human error, equipment concerns or communication gaps within the medical team may contribute to the outcome. Because each case differs, you may find that more than one factor played a role in what you experienced.

Steps you may take after a surgical complication

After a complication, your health often becomes the first priority. Soon after, you may begin gathering clear information about your care so you can better understand what occurred. You may want to review medical records and track your recovery in detail. This can help you see what changed in your condition and when those changes took place. It may also help to organize key facts about your treatment. This can support a clearer timeline and provide better context for your overall care. Some early steps you might consider include:

Keeping discharge summaries and test results so you can follow the full course of treatment
Writing down symptoms and recovery changes so you can track how your condition developed over time

These details may help you notice patterns in your recovery and may highlight concerns that could benefit from closer review.

Legal options under Indiana law

Indiana medical malpractice claims generally fall under the Indiana Medical Malpractice Act and related sections. In many situations, a claim may first go through a medical review panel before any court action proceeds. Time limits may also affect your options. Indiana law often sets a two year deadline, although some exceptions may apply depending on when harm becomes known or reasonably discovered. Possible paths you may consider include:

Presenting your case to a medical review panel to help evaluate whether the care met accepted standards
Seeking recovery for financial losses such as medical expenses, lost income and ongoing treatment needs when supported by evidence

Each option often depends on the specific facts surrounding the surgery and how the complications developed over time.

Looking at your next steps after surgery issues

Robotic surgery cases often involve detailed medical records and complex clinical decisions. A comprehensive review of your medical records, together with applicable Indiana law, can help you evaluate your circumstances and determine potential options if medical malpractice is suspected.

No laughing matter: When playground fun takes a serious turn

2026-05-07T19:13:16Z

Playgrounds should be safe places where children can play and grow. Unfortunately, injuries happen more often than many parents realize. When these injuries occur due to someone's negligence, families have legal rights under Indiana law. With summer right around the corner, now is a good time for parents to learn about why these accidents happen and what to if one occurs.

Common playground injuries

Playground accidents can range from minor scrapes to serious, life-changing injuries. The most frequent injuries include:

Falls from swings, slides, monkey bars and climbing structures
Broken bones and fractures
Concussions and head injuries
Sprains and strains
Cuts and bruises from sharp edges or broken equipment

More severe accidents can result in traumatic brain injuries or spinal cord damage. Swings pose unique dangers, including chain entanglement and impact injuries when children walk into the swing's path.

Who may be responsible?

Responsibility for playground injuries depends on the circumstances. For instance, equipment manufacturers may be liable if a swing breaks or a slide has a defective part. Maintenance companies can be held responsible if they ignore dangerous conditions like rusted chains, loose bolts or cracked swing seats. In most cases, however, property owners, including municipalities, schools, homeowners associations and private businesses, are responsible for keeping equipment safe and properly maintained. Under Indiana premises liability law, all these parties have a duty to fix hazards and warn parents about dangers on playgrounds. Property owners face even higher responsibility when equipment naturally attracts children, called attractive nuisances. This means abandoned or poorly maintained playgrounds can't be ignored just because they're on private property. If the equipment draws kids in, the owner should prevent access or keep it safe.

Steps to take after a playground injury

After a playground accident, parents should:

Seek immediate medical attention, even if the injury seems minor (head injuries from falls or swing impacts can worsen over time)
Take photos of the equipment that caused the injury
Make a record of the accident while details are fresh in your memory
Get names and phone numbers of witnesses
Report the injury to the property owner immediately
Save all medical records, bills and notes about doctor appointments

When negligence causes a playground injury, families shouldn't have to pay for someone else's failure to maintain safe equipment. Taking these steps after your child's injury can protect their health and your legal rights.

What to do after a burn from a consumer product

2026-05-07T10:54:48Z

A coffee maker explodes and burns your hands, or a hair dryer catches fire and scars your face. These are not rare accidents; they happen when products fail in Indiana homes every day. What you do in the first hours after a product burn can make or break your chance to hold the company responsible.

Why preserving evidence matters in product burn cases

The Consumer Product Safety Act under 15 U.S.C. § 2051 requires manufacturers to ensure their products do not pose unreasonable risks of injury. When a product causes burns, proving the defect exists requires physical evidence that can disappear quickly. Discarding the product, its packaging or receipts can eliminate your ability to demonstrate what went wrong and who is responsible. Indiana's Modified Comparative Fault Rule under Indiana Code § 34-51-2-6 means manufacturers may try to shift blame onto you for misusing the product. Without the actual item and documentation of how you used it, defending against these claims becomes significantly harder.

Evidence you need to protect your claim

Building a strong product liability case in Indianapolis or Lafayette requires multiple forms of documentation. The following items can support your claim:

The defective product itself, stored safely without further use
Original packaging, instruction manuals and warning labels
Purchase receipts showing where and when you bought the product
Photographs of your burn injuries at multiple stages of healing
Medical records documenting treatment, diagnoses and prognosis

Manufacturers often reformulate products, issue quiet recalls or change designs after injuries occur. Waiting too long to secure evidence can mean the product version that burned you no longer exists in the marketplace.

Why timely legal help is crucial

Indiana's two-year statute of limitations creates a firm deadline for filing product liability lawsuits. A skilled product liability attorney can investigate whether the manufacturer knew about similar injuries and identify all potentially liable parties. The scars from a defective product do not just mark your skin. They mark every moment you look in the mirror and remember the day something you trusted turned your life into surgeries, treatments and unanswered questions.

How to find the right wrongful death attorney for you

2026-04-29T12:05:37Z

Someone's negligence took your loved one from you, and now you face grief, mounting bills and legal decisions you never expected to make in Indianapolis or Lafayette, Indiana. Choosing the right wrongful death attorney during this devastating time can feel impossible when you can barely get through each day. The attorney you hire will determine whether your family receives fair compensation or settles for far less than you deserve.

Experience with Indiana's wrongful death laws matters

Wrongful death claims in Indiana fall under Indiana Code 34-23-1, but the state uses three distinct statutes based on the decedent's age and family status. The General Wrongful Death Statute (GWDS) applies to adults with a surviving spouse or dependents and has no caps on non-economic damages. The Adult Wrongful Death Statute (AWDS) applies to unmarried adults with no dependents and caps loss of companionship at $300,000 in 2026. The Child Wrongful Death Statute (CWDS) applies to unmarried persons under 20, or under 23 if enrolled in college, and allows recovery of counseling expenses with no damage caps. Attorneys who cannot navigate these differences may file under the wrong statute and cost your family hundreds of thousands of dollars. If medical negligence caused the death, the 2026 recovery limit is $1.8 million, and IC 34-18-18-1 restricts attorney fees to 32%. Any attorney who tries to charge 40% on a medical malpractice wrongful death claim raises a serious red flag.

Where to start your search

Personal referrals from family members or friends who have worked with wrongful death attorneys can provide valuable insight. Online reviews can help you identify attorneys with strong track records. Look for patterns mentioning case outcomes and communication quality. During consultations, certain questions can help you evaluate whether an attorney has the experience your case demands:

How many wrongful death cases have you handled in the past five years?
What percentage of your practice focuses on wrongful death litigation?
Do you have the resources to take my case to trial?

The answers reveal whether the attorney has the experience your family needs.

Why the right attorney changes everything

An experienced wrongful death attorney who combines aggressive advocacy with genuine compassion can navigate Indiana's complex laws while you focus on healing. They can fight for compensation that reflects the true value of your loss under the correct laws, becoming your voice in a system that often feels indifferent to your pain. The right attorney can mean the difference between justice and regret.

What is a wrongful death lawsuit?

2026-04-16T18:58:04Z

The main purpose of wrongful death litigation is to compensate surviving family members or the estate of a deceased individual for the practical implications of their passing. Plaintiffs must establish that the situation is eligible for a lawsuit, which involves addressing specific legal elements required to show that it warrants legal action. They must also have proof of damages, such as the lost income of the deceased person and the medical expenses generated by their end-of-life care. It is critical to take action quickly, as the law imposes a strict statute of limitations for the initial filing. In Indiana, plaintiffs typically have two years from the date of death to file. Once the lawsuit is underway, the entire process can potentially take multiple years to complete. Understanding the basics of Indiana's wrongful death statutes can help those affected by a tragedy take appropriate steps to pursue economic justice and closure. Most people never imagine that they might need to file a wrongful death lawsuit, so they may not know much about the law and how to assert their rights when a tragedy occurs. This guide can help grieving families understand their legal rights.

What is considered a wrongful death?

A wrongful death is essentially a passing that occurs directly because of the negligent conduct or illegal actions of either a business or an individual. Wrongful death litigation is typically only an option in cases where there is evidence supporting a claim that one party was negligent or reckless or that they engaged in wrongful acts that led to a preventable death. A wrongful death lawsuit is separate from any criminal prosecution that may occur due to the misconduct or wrongful acts of the defendant. The state may demand accountability by bringing criminal charges against a drunk driver, for example. The prosecution of the party at fault for the tragic situation does not prevent survivors from filing a separate wrongful death lawsuit to impose civil penalties on the party responsible for the tragedy.

What are the elements of a wrongful death lawsuit?

To successfully hold a person or business accountable in a wrongful death action, plaintiffs must prove that all of the major elements of a wrongful death are present. Understanding these elements can help personal representatives of estates and grieving family members review the situation more effectively.

1. Duty of care

A duty of care is a legal obligation to act with reasonable care. A property owner owes a duty of care to visitors to keep the premises safe or warn them about safety hazards, for example. Drivers generally have a duty of care to others that mandates compliance with traffic laws and maintaining their vehicles in safe operating condition.

2. Breach of duty

A breach of duty involves a failure to act with reasonable care. The breach that occurs could be the result of negligence or recklessness, as is the case with many fatal car crashes. The breach could also be the result of intentional misconduct, such as choosing to drive while drunk.

3. Causation

The evidence surrounding the passing of the decedent must show that the breach of duty was directly responsible for their passing. Proof of causation helps show that the negligence, recklessness or misconduct of the defendant resulted in the tragedy.

4. Damages

The last necessary element for a wrongful death lawsuit is proof of damages. There typically must be financial or economic losses for plaintiffs to take legal action, but they may be able to request compensation for additional damages, including intangible losses.

Who can file a wrongful death lawsuit?

A tragedy could directly impact multiple people, including friends, family members and even employers or business partners. Regardless of how many people feel the practical impact of a person's death, only one wrongful death lawsuit is permissible. Only specified parties can initiate wrongful death lawsuits. These vary by state.

Typical eligible parties

In some states, surviving spouses, adult children and parents as well as estate representatives can file wrongful death lawsuits. Under Indiana law, the main consideration when determining who can file is the age of the decedent. If they were an adult at the time of their passing, only the personal representative administering their estate can file a wrongful death lawsuit. If the decedent was still a minor at the time of their passing, then their parents have the right to initiate a wrongful death lawsuit.

What damages can be recovered in a wrongful death claim?

Most wrongful death lawsuits seek both economic damages and non-economic damages. Economic damages are verifiable financial losses. They include:

Medical costs for end-of-life care
Funeral and/or burial expenses
Lost future wages and employment benefits
Loss of household services
Loss of future support and inheritance

Calculating future income can be a challenge, as a person’s income is likely to increase throughout their career, and the value of their benefits may increase proportionately as well. Determining the value of the loss of household services can also prove more challenging and may require the insight of professionals. Non-economic damages include losses that do not have a clear financial value but which clearly impact the quality of life for survivors. Pain and suffering claims are arguably the best-known form of non-economic damages, but there are others that can add to the total damages sought. The loss of companionship experienced by surviving family members is an important consideration, as is their loss of enjoyment of life due to grief. Surviving spouses and children can often seek compensation for the loss of guidance, companionship, love and even marital intimacy. Surviving parents filing a wrongful death lawsuit after the loss of a minor child have strong statutory protection when seeking non-economic damages if the child was under 20 (or 23, if they were enrolled in college). Under current Indiana statutes, punitive damages are not generally an option in wrongful death lawsuits. These are lawsuits intended as a punishment for the defendant if the circumstances of the death was caused by grossly negligent or other egregious actions.

Do you need a lawyer for a wrongful death claim?

Personal representatives and surviving parents can file wrongful death lawsuits on their own behalf. However, doing so can increase the stress involved in estate administration and the grieving process. Additionally, the risk of making mistakes is impossible to overstate. Excessive delays with an initial filing or insufficient evidence could lead to the courts dismissing a wrongful death lawsuit that an attorney may have been able to successfully pursue. Those already dealing with grief do not have to learn about the legal process or manage complex paperwork on their own behalf if they get legal representation. Experienced wrongful death lawyers can help them prove negligence and validate the damages sought in the lawsuit. They can also provide representation without immediate financial costs for families already dealing with a reduction in income and expenses related to an unexpected tragedy. Lawyers accepting wrongful death lawsuits may take a case on a contingency fee basis. They agree to represent the plaintiffs based on the strength of the case and do not require immediate payment. They receive a portion of the funds recovered if the wrongful death lawsuit is successful. This arrangement makes legal representation accessible even to those dealing with extreme financial hardship after a sudden passing.

Final thoughts: Understanding your legal options

The loss of a loved one can have emotional and financial repercussions that continue for as long as immediate family members live. Surviving spouses, children and parents may forever experience the pain and grief that accompanies an unexpected loss. Their household finances may permanently shift, and a wrongful death lawsuit is typically the best option for diminishing the lasting economic impact of a tragedy. Litigation can also provide closure and a sense of emotional relief for those grieving a death caused by negligence, recklessness or illegal behavior. Wrongful death litigation can be a lengthy and complex process. Families generally need to act quickly to coordinate with the personal representative of an estate to understand their options. As noted, wrongful death laws are different in every state. Consulting with experienced Indiana wrongful death attorneys can help families hold businesses and individuals accountable without assuming responsibility for the complicated legal process to follow.

Is mediation legally binding in personal injury cases?

2026-03-12T01:01:10Z

You may wonder whether mediation locks you into a decision in your Indiana personal injury case. The answer depends on whether you sign a written agreement.

Is mediation legally binding in Indiana?

Mediation itself is not legally binding. It is a voluntary negotiation guided by a neutral mediator. The mediator cannot force you or the insurance company to settle. Under the Indiana Rules for Alternative Dispute Resolution, any agreement reached in mediation must be put in writing and signed by the parties and their attorneys to be enforceable. Rule 2.7 requires a written, signed settlement. If someone fails to comply, a court may enter judgment or impose sanctions based on that agreement. Until you sign a written settlement, you may proceed to trial. If your case involves a minor or incapacitated adult, a judge may need to approve the settlement before it becomes final.

What happens during mediation?

Mediation usually takes place after both sides share evidence. The people in the room often include you, your attorney, the defense attorney, an insurance representative and the mediator. At the start, the mediator explains the rules and that the meeting is confidential. The process often includes:

Opening session: Each side presents its position.
Private meetings: The mediator meets separately with each side.
Negotiation: Offers and counteroffers are exchanged.
Drafting the agreement: Terms are written and signed if you settle.

Indiana rules protect what is said in mediation. If you do not settle, those discussions usually cannot be used in court.

What if mediation does not lead to settlement?

Mediation does not guarantee resolution. If no agreement is reached, your case continues in litigation. You may schedule another session or move forward toward trial. Even unsuccessful mediation can clarify the insurer’s strategy and settlement range.

Why legal guidance matters

Indiana courts often require mediation before trial. A signed agreement can become a binding contract and court order. Once approved, the terms are final. Before you accept any offer, you should understand how it affects future medical care, lost income and other damages. An experienced attorney can assess your claim and review the written terms before you sign.

3 differences between medical malpractice and medical negligence

2026-01-06T08:44:22Z

Imagine walking into a hospital expecting answers. Your doctor listens, runs tests and sends you home with a diagnosis. But weeks later, you learn the diagnosis was wrong. Your condition worsened because of a mistake. In moments like these, you may wonder whether you experienced medical malpractice or medical negligence. Hence, understanding the difference can help you determine your next steps.

Understanding the terms

Medical malpractice occurs when a healthcare provider intentionally deviates from accepted medical standards. For example, a surgeon knowingly performs a procedure without proper training. On the other hand, medical negligence involves unintentional mistakes. A doctor may overlook test results during a busy shift. These errors usually happen without intent to harm, but they can still cause serious injury. Both terms describe situations where medical care falls short. But to understand this further, you need to know about the duty of care.

What is the duty of care?

Every healthcare provider owes you a duty of care. This means that they must treat you with the same skill and attention that a competent professional would provide. In malpractice cases, providers violate this duty deliberately. Meanwhile, in negligence cases, providers fail this duty through their carelessness. Now that you understand the duty of care, you can better grasp the specific differences between malpractice and negligence.

Three key differences you need to know

Both medical malpractice and negligence can cause serious harm. However, the law treats them differently. Here are three key differences between the two:

Presence of Intent: Malpractice often involves conscious decisions to act outside accepted standards. Comparably, negligence usually stems from accidents. A doctor who prescribes medication knowing it conflicts with your allergies commits malpractice. Meanwhile, a pharmacist who accidentally fills the wrong prescription commits negligence.
The Requirement of Harm: Both malpractice and negligence typically require proof of injury to pursue legal action. However, malpractice cases often involve more severe consequences due to deliberate actions.
Standard of Care: Malpractice shows a provider knowingly ignoring proper protocols. On the other hand, negligence demonstrates a provider fell short of expected standards unintentionally.

Therefore, understanding these differences guides you toward the right type of legal claim.

Why legal support matters

Whether you experienced malpractice or negligence, you deserve fair compensation. Both situations can lead to physical pain, emotional trauma and financial burden. This is where a skilled legal team can review your case and explain your options. They can help you understand which type of claim applies to your situation. Most importantly, they fight to protect your rights. If you believe medical care harmed you, reach out to our legal team today. We can help you take the next step toward justice.

Hovde Dassow + Deets receive an outstanding Tier 1 ranking in the 2026 Best Law Firms selections

2025-12-22T21:32:14Z

Hovde Dassow + Deets is proud to announce it was again recognized by Best Law Firms as a Tier 1 Law Firm in four categories; Plaintiffs Medical Malpractice Law, Plaintiffs Personal Injury Law, Plaintiffs Product Liability Law, and Plaintiffs Mass Tort Law. It is one of only 3 law firms in Indiana to be recognized as a Tier 1 Law Firm in all four categories. Hovde Dassow + Deets has been ranked as a Tier 1 Law Firm every year since Best Law Firms started its rankings in 2010. Best Law Firms and Best Lawyers® select leading law firms and legal professionals through a peer-reviewed process, recognizing their professionalism and feedback with awards and including them in a list of exceptional attorneys for both referring lawyers and clients needing legal advice. In addition to the Firm’s recognition, Rick Hovde, Rob Dassow, and Nick Deets were again recognized by Best Lawyers individually. Frederick R. Hovde has been recognized since 2003 and has been named Lawyer of the Year 4 times (2009, 2014, 2018, 2025). His outstanding work was recognized in the 2026 The Best Lawyers in America® list in these areas:

Medical Malpractice Law – Plaintiff
Personal Injury Litigation – Plaintiffs
Product Liability Litigation – Plaintiffs

Robert T. Dassow has been honored since 2016 and his outstanding work was recognized in the 2026 The Best Lawyers in America® list in the following area:

Mass Tort Litigation / Class Actions – Plaintiffs

Nicholas C. Deets has been recognized since 2010 and has been named Lawyer of the Year 4 times (2017, 2020, 2022, and 2026). His outstanding work was recognized in the 2026 The Best Lawyers in America® list in these areas:

Mass Tort Litigation / Class Actions – Plaintiffs
Medical Malpractice Law – Plaintiffs
Personal Injury Litigation – Plaintiffs

This continuing acknowledgment of the Firm and our attorneys by Best Law Firms and Best Lawyers highlights our dedication to delivering results for our clients. We take pride in the accomplishments of our entire team. We extend our congratulations to Frederick Hovde, Robert Dassow and Nick Deets for their well-earned recognition.

3 Indiana highways most prone to truck collisions

2025-11-11T15:21:51Z

When you notice a large commercial truck in your rearview mirror or passing in the next lane, that moment of heightened awareness is not without reason. These massive vehicles share Indiana's roadways every day, and unfortunately, accidents involving them occur with concerning frequency.

Statewide truck accident statistics

Ranking 12th among all states, Indiana highways see a troubling number of fatal crashes involving large trucks. In 2023, the state recorded 159 fatal crashes involving large trucks, resulting in 143 total deaths. These crashes claimed the lives of 90 truck occupants, 36 other vehicle occupants and 17 non-occupants, such as pedestrians or cyclists. Large trucks also represented 12.3% of all vehicles involved in fatal crashes across Indiana that same year, which is notably higher than the national percentage of 3.0%.

Indianapolis stands at the center of truck traffic

Indianapolis sits at the crossroads of multiple interstates, making it a natural center for commercial transport. Each year, about 724 million tons of freight pass through Indiana, ranking it fifth in the nation for commercial traffic volume. This higher concentration of truck activity through Indianapolis means the city and nearby highways are likely to experience more accidents than other regions.

Key highways where most truck accidents occur

Indiana’s busiest interstate corridors see many of the state’s truck collisions:

Interstate 65: This north-south route connects Louisville to Gary and runs through Indianapolis. It carries a steady flow of commercial trucks throughout the day.
Interstate 70: Stretching east to west across the state, I-70 links major markets and experiences high truck volumes, especially near Indianapolis.
Interstate 69: Still expanding, I-69 connects northeastern and southwestern Indiana and supports a growing share of freight traffic.

Interstates 65, 70, 69 and 74 all converge in Indianapolis, creating complex freeway interchanges and yield points and, correspondingly, more truck crashes.

Your options after a truck accident

If you were involved in a truck accident, insurance claims may allow you to pursue compensation for immediate costs, such as medical bills, vehicle repairs and lost income from missed work. These claims typically begin with filing a report and documenting all damages and injuries from the collision. If you suffered serious injuries, you may be entitled to compensation for long-term care and pain and suffering. Truck accident claims often involve several at-fault parties, such as the driver, trucking company, cargo loaders and their insurers. Each may bear a different degree of responsibility depending on the cause of the crash. Federal regulations set strict rules for commercial trucking, covering driver hours, vehicle maintenance and cargo loading. When trucking companies or drivers violate these rules, it can strengthen your case and help prove liability. An attorney can review the situation, identify all responsible parties and guide you through the laws that may apply to your claim.