NEW ALBANY MEDICAL MALPRACTICE ATTORNEY

Under Indiana law, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes injury or death. Every provider, from surgeons and family doctors to nurses, pharmacists, anesthesiologists, technicians, and hospital staff, is required to act as a reasonably skilled professional would under similar circumstances.

Medical malpractice can include:

• A preventable surgical error
• A misdiagnosis or delayed diagnosis
• Incorrect medication or anesthesia dosing
• Failure to order appropriate tests
• Improper monitoring before or after a procedure
• Ignoring a patient’s medical history
• Infection caused by poor sanitation or unsafe practices

Not every bad medical outcome is malpractice, but when negligence leads to harm, Indiana law allows you to seek compensation.

Indiana has some unique malpractice laws compared to other states. The time limit for filing is referred to as the statute of limitations and varies depending on the specifics of the case. In some cases, especially those involving delayed discovery, minors, or concealment, follow modified timelines, though these remain limited.

Because the clock can run out quickly, it’s important to speak with an attorney as soon as you suspect something went wrong. Waiting too long could bar your case completely.

If something feels off after a procedure, treatment, or diagnosis, trust your instincts. Early steps can make a major difference:

• Seek medical attention from a different provider.
• Request your full medical records.
• Document symptoms, complications, or worsening conditions.
• Save bills, prescriptions, and discharge materials.
• Avoid confronting the provider directly.

A New Albany malpractice attorney can help review your records, consult medical experts, and determine whether malpractice likely occurred.

Yes. In Indiana, multiple parties can be liable for the same injury if their negligence contributed to the outcome.

A claim may involve:

• A doctor or surgeon
• A hospital or medical center
• Nurses, anesthesiologists, or techs
• Specialists or consulting physicians
• Urgent care or outpatient clinics
• Nursing homes or assisted living facilities

Your attorney investigates each provider’s role, identifies where the system failed, and determines which parties should be included in your claim.

Medical malpractice can take many forms, but certain errors happen more often than others:

Surgical Errors

Leaving tools inside a patient, wrong-site surgery, nerve damage, preventable bleeding, poor sterilization, or anesthesia mistakes.

Diagnostic Failures

Missed strokes, heart attacks, infections, cancers, or other conditions that should have been identified sooner.

Medication & Pharmacy Errors

Wrong dosage, wrong medication, drug interactions that were ignored, and dangerous anesthesia administration.

Birth Injuries

Shoulder dystocia, lack of oxygen, delayed cesareans, improper fetal monitoring, or trauma to the baby or mother.

Post-Op Negligence

Failure to monitor vitals, ignoring signs of infection, or releasing a patient too soon.

When these preventable mistakes cause serious harm, a malpractice claim may be appropriate.

Indiana requires most medical malpractice claims to go through the Indiana Medical Review Panel (IMRP) before a lawsuit can be filed.

Here’s how it works:

• A panel of three medical professionals reviews your case.
• They examine records, evidence, and expert opinions.
• They issue an opinion about whether malpractice likely occurred.

The panel’s decision is not binding, but it carries weight in court and during settlement negotiations. Preparing for this step is complex, which is why legal representation is essential.

Almost always, yes. Indiana law requires medical expert testimony to establish:

• The standard of care
• How the provider violated that standard
• How the negligence caused your injury

Morgan & Morgan works with nationally recognized medical experts who can explain complicated medical details in a clear, compelling way.

Compensation depends on the severity of your injury and how it affects your life. Indiana allows recovery for both economic and non-economic losses, which can include:

Economic Damages:

• Medical bills
• Future medical care
• Lost wages
• Loss of earning potential
• Rehabilitation and long-term treatment

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of quality of life
• Loss of companionship or consortium

Indiana imposes caps on damages in malpractice cases, but the amounts vary by year and case type. Your attorney can explain how these caps apply in your situation.

If malpractice results in death, surviving family members may pursue a wrongful death claim, which has additional rules and damages.

The process typically involves:

• Attorney review of your medical records
• Consultation with medical experts
• Preparation of a submission to the Indiana Medical Review Panel
• Panel review and opinion
• Negotiations with the provider’s insurance company
• Filing a lawsuit, if necessary
• Discovery, depositions, and trial preparation
• Settlement or trial verdict

Every case moves at its own pace, but malpractice claims generally take longer than other personal injury cases due to the complexity of medical proof and Indiana’s procedural rules.

Morgan & Morgan handles malpractice cases on a contingency fee basis, meaning:

• No upfront costs
• No hourly fees
• You only pay if we win

At Morgan & Morgan, we believe that everyone deserves excellent legal representation, regardless of their financial situation.

Our New Albany team represents patients and families harmed by:

• Misdiagnosis or delayed diagnosis
• Surgical injuries
• Birth injuries and OB-GYN errors
• Dangerous anesthesia mistakes
• Hospital or nursing home negligence
• Medication and pharmacy errors
• Infections and sepsis
• Emergency room mistakes

Morgan & Morgan has secured significant recoveries for malpractice victims across the state, including cases involving complex surgical injuries, preventable strokes, birth trauma, and fatal diagnostic failures.

You trust your healthcare providers with your life. When that trust is broken, you deserve answers and accountability.

If you or a loved one suffered harm because of medical negligence in New Albany, Morgan & Morgan may be able to help. Our attorneys have the resources, medical experts, and trial experience needed to take on major hospitals and providers.

You can get started today with a free, no-obligation case evaluation.