Your Voice Heard: Protecting Medical Malpractice Victims, One Case at a Time
4 Indiana Ave Valparaiso, IN 46383
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Medical malpractice occurs when a licensed healthcare provider delivers care that falls below the accepted medical standard and causes preventable harm. These failures often involve misdiagnosis, surgical errors, medication mistakes, or breakdowns in hospital monitoring, situations where the outcome differs from what a reasonably careful provider would have done.
Victims are often left with rising medical expenses, long-term treatment needs, and uncertainty about whether the injury qualifies as a medical malpractice claim under Indiana law. Many do not know why the harm occurred or whether it was avoidable, and hospitals and insurers rarely offer clear explanations. This lack of clarity makes it difficult to understand responsibility and often delays patients from seeking the legal help they need.
At Langer & Langer, our Indiana medical malpractice lawyers investigate negligent providers, review medical records, and build evidence that supports a medical error or medical negligence claim.
If you believe something went wrong in your treatment, we can review your records and give you a clear, direct answer about your legal options.
A poor medical result or unexpected complication never proves malpractice. Under Indiana law, a medical malpractice claim must satisfy four legal elements:
1. Doctor-patient relationship
A treatment relationship existed with a physician, surgeon, hospital, or licensed healthcare provider.
2. Accepted standard of care
The provider was required to follow established medical practices, such as proper diagnostic testing or surgical protocols.
3. Breach of duty
The provider failed to meet that standard, for example, by misreading imaging, operating on the wrong site, or prescribing an unsafe dosage.
4. Causation and damages
The breach caused measurable harm, including permanent injury, worsened condition, or wrongful death.
Each element must be supported by medical records, treatment timelines, and expert review. An Indiana medical malpractice attorney evaluates whether these legal requirements are met under state law.
Liability in a medical malpractice lawsuit depends on who controlled the treatment decisions and whether the evidence supports doctor negligence, hospital liability, or failures within larger healthcare systems. Accountability is based on evidence such as medical records, staffing roles, and decision authority, not job titles.
1. Physicians and surgeons: Individual providers, such as attending doctors or specialists, who made diagnostic or treatment decisions.
2. Hospitals and health systems: Institutions responsible for staffing levels, protocols, supervision, and patient safety systems.
3. Nurses and clinical staff: Licensed professionals involved in medication administration, monitoring, or patient handoffs.
4. Clinics and outpatient facilities: Surgical centers, urgent care clinics, or diagnostic facilities where errors occurred.
5. Corporate or management entities: Organizations that set policies, staffing models, or cost controls affecting patient care.
In many malpractice cases, liability is shared because errors often occur at multiple points in the treatment timeline. Our lawyer evaluates how each party’s actions or omissions breached the accepted standard of care under Indiana law.
At Langer & Langer, our investigation begins with a close review of the medical events that led to your injury. Our medical negligence lawyers examine how care was delivered, where decision-making broke down, and whether the evidence supports a medical malpractice claim under state law.
Here’s our process:
Medical negligence can occur at any point in a patient’s care, from the first evaluation to follow-up treatment. These errors reflect breakdowns in clinical decision-making or communication that fall outside safe medical practice.
Common forms of healthcare negligence our legal team handles:
Failure to follow accepted diagnostic practices: Providers overlook symptoms, delay appropriate testing, or fail to act on abnormal results that a reasonably careful clinician would have addressed.
Breakdowns in clinical communication: Key information is not shared during handoffs, transfers, or shift changes, leading to missed updates and preventable errors.
Medication management failures: Errors occur in prescribing, dosing, monitoring, or identifying dangerous drug interactions.
Improper clinical decision-making: Treatment choices are made without adequate evaluation, risk assessment, or consideration of the patient’s medical history.
Inadequate monitoring or follow-up care: Changes in a patient’s condition go unnoticed because required monitoring protocols or follow-up responsibilities were not followed.
Lack of informed consent: Patients are not given material information about risks, alternatives, or likely outcomes before treatment decisions are made.
Medical malpractice can take many forms, and each case depends on how the error occurred and where the breakdown in care happened. Our attorneys represent patients across Indiana in a wide range of serious medical negligence claims.
Common medical malpractice cases our qualified lawyers handle:
Birth Injury
Errors during pregnancy, labor, or delivery that cause harm to an infant or mother, including birth trauma, cerebral palsy, Erb’s palsy, fetal distress, or hypoxic ischemic encephalopathy (HIE).
Cardiology Malpractice
Failures in diagnosing or treating heart conditions, such as missed heart attacks, improper cardiac testing, delayed intervention, or medication errors affecting cardiac function.
Communication Error
Breakdowns in information sharing between providers, departments, or shifts that lead to delayed treatment, incorrect orders, or unsafe patient transfers.
Emergency Room Error
Mistakes made in high-pressure emergency settings, including failure to diagnose stroke or heart attack, premature discharge, or delayed life-saving treatment.
Hospital Malpractice
System-level failures involving staffing, supervision, infection control, or patient safety protocols that result in preventable harm.
Medication Error
Errors involving incorrect prescriptions, wrong dosages, dangerous drug interactions, or failure to monitor patient reactions.
Radiologist Error
Misreading imaging studies, delayed reporting of critical findings, or failure to communicate abnormal results to treating physicians.
Misdiagnosis Error
Failure to correctly identify a medical condition, including delayed or missed diagnosis of cancer, stroke, or other serious illnesses.
Surgical Error
Preventable mistakes during surgery, such as wrong-site procedures, retained foreign objects, anesthesia errors, or improper surgical technique.
Compensation in a medical malpractice case begins with proving the full extent of the harm a patient suffered. We help victims document these losses through medical records, financial evidence, and expert evaluation so every qualifying form of compensation is accounted for.
Compensation generally falls into two categories:
A complete damages evaluation looks at the financial costs you’ve incurred, the care you will need in the future, and the ways the injury has changed your life at home and at work.
Indiana medical malpractice cases follow specific laws that determine how claims are filed, reviewed, and compensated. These rules affect every stage of a case, from proving negligence to accessing compensation through the Patient’s Compensation Fund. Understanding these requirements helps clarify what to expect when pursuing a malpractice claim.
1. Indiana Medical Malpractice Act (Indiana Code § 34-18)
The Indiana Medical Malpractice Act governs claims against qualified healthcare providers, including physicians, hospitals, clinics, and medical facilities. It establishes:
This act also creates the framework for the Medical Review Panel and the Patient’s Compensation Fund.
2. Indiana Patient’s Compensation Fund (PCF)
The Patient’s Compensation Fund provides additional compensation when a patient’s proven damages exceed the amount a qualified healthcare provider is legally responsible for. Accessing the PCF requires full compliance with the Medical Malpractice Act’s filing and review procedures. Current caps under Indiana law include:
For malpractice occurring after June 30, 2019:
For malpractice occurring after June 30, 2017 and before July 1, 2019:
For malpractice occurring after June 30, 1999 and before July 1, 2017:
3. Medical Review Panel requirement (Indiana Code § 34-18-10)
A Medical Review Panel consists of one attorney who serves as a non-voting chair and three healthcare providers selected from the relevant medical specialty who serve as the voting members. The panel:
The panel’s opinion is not final, but it strongly influences how claims proceed.
4. Statute of Limitations for Medical Malpractice
Indiana imposes highly restrictive statutes of limitations in medical malpractice claims, giving patients a limited time to act. In general:
These exceptions are narrow and fact-specific, making early legal review essential.
When medical treatment leaves you with unanswered questions, a few early steps can help preserve the details you need to understand your situation.
Here is what you should do:
Medical malpractice claims require experience, precision, and persistence. Clients choose our medical malpractice law firm because we bring those strengths to every case we take on.
Patients and families across Indiana turn to Langer & Langer when negligent medical care causes serious harm. We represent clients in the following communities:
Get answers about your medical injury with a confidential case review from our trusted malpractice team.
Our injury lawyers have the answers to the most frequently asked questions about medical malpractice.
At Langer & Langer, our medical malpractice lawyer works on a contingency fee basis. You pay no upfront fees, and our medical malpractice lawyers are paid only when your medical malpractice claim recovers compensation.
Yes. You can file a malpractice claim if you signed a consent form, because a consent form does not excuse malpractice or a breach of the medical standard of care during treatment.
Medical malpractice cases take longer because they require medical record review, expert analysis, and statutory procedures. These cases involve complex causation issues, professional standards, and mandatory review steps that are not required in ordinary injury claims.
Yes. Families can file a wrongful death claim when medical malpractice causes a patient’s death. The estate or eligible family members may seek compensation for medical costs, funeral expenses, and the financial impact of the loss.
Yes, most medical malpractice claims must go through a Medical Review Panel in Indiana. The panel evaluates whether the evidence supports a breach of the accepted standard of care before the case proceeds in court.
Yes. A hospital or insurance company can deny a malpractice claim even when negligence occurred. Denial does not determine validity, which is resolved through medical evidence, expert review, and the legal process.
A medical injury can leave you unsure of what happened or where to turn. We review your records confidentially and give you clear guidance rooted in Indiana malpractice law. Connect with our Indiana medical malpractice attorneys for straightforward answers and informed next steps.
You can reach us at 219-600-8847 or submit a request through our contact form to schedule your case review.
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