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Medical Malpractice Attorney in Indianapolis, IN

Trusting a doctor, hospital, or other healthcare provider with your health is supposed to make you safer, not put you at greater risk, but medical errors happen, and when they do, the harm can be severe. Medical malpractice cases cover situations where a healthcare provider’s negligence, whether a misdiagnosis, a surgical error, a medication mistake, or a failure to properly monitor a patient, causes injury or death.

Indiana’s Medical Malpractice Act sets out a specific process for these claims that doesn’t apply to most other personal injury cases. Before a lawsuit can generally proceed, the claim must go through a Medical Review Panel of healthcare providers who evaluate whether the applicable standard of care was met. Indiana also caps the total damages recoverable in a medical malpractice claim at 1.8 million dollars per injury, with the first 500,000 dollars paid by the healthcare provider and the remainder paid by the Indiana Patient’s Compensation Fund, for an act of malpractice that occurs after June 30, 2019. These rules make medical malpractice claims more procedurally complex than a typical injury case, and missing a step in the process can seriously affect a claim. The panel’s opinion isn’t binding on a later jury, but it can significantly influence settlement negotiations and how a case proceeds if it doesn’t resolve at that stage.

At RileyCate, we handle medical malpractice claims from the Medical Review Panel process through litigation if necessary, working with medical experts to establish exactly how the standard of care was breached and how that breach caused injury. We represent patients and families in cases involving misdiagnosis, surgical errors, birth injuries, medication errors, and other forms of medical negligence.

Medical malpractice cases require navigating a specialized legal process and working with medical experts to prove the standard of care was breached, and Russell Cate is recognized as a Super Lawyer with the civil litigation background these cases demand, backed by appellate work before the Indiana Court of Appeals and the Indiana Supreme Court. Will Riley and Russell Cate lead the team that gives our clients real depth in medical malpractice litigation. Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects that same trial-tested approach.

Will and Russell personally oversee every matter we take, staffing it with the attorneys, associates, and staff the case calls for based on its size and complexity, so your case gets the depth of attention these claims require.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

Before most medical malpractice lawsuits can proceed in Indiana, the claim generally must be submitted to a panel of healthcare providers who review the case and issue an opinion on whether the applicable standard of care was met. This process happens before a case goes to court and can take a significant amount of time to complete. An attorney can guide you through submitting a claim and presenting evidence to the panel.
Yes, Indiana currently caps total damages in a medical malpractice claim at 1.8 million dollars per injury, with the first 500,000 dollars paid by the healthcare provider and the remaining amount paid by the Indiana Patient’s Compensation Fund. This cap applies regardless of how severe the injury is, which makes it especially important to build the strongest possible case within that framework. An attorney can help you understand how this cap affects your specific situation.
Medical malpractice generally involves a healthcare provider failing to meet the accepted standard of care, resulting in injury, which can include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, birth injuries, and failure to properly monitor a patient. Not every bad medical outcome qualifies as malpractice, since medicine involves inherent risk even when providers act appropriately. An attorney and medical experts can help evaluate whether your situation meets the legal standard.
Indiana generally requires a medical malpractice claim to be filed within two years of the date of the malpractice, though this can be complicated by rules addressing when an injury was discovered or should have been discovered. Because the Medical Review Panel process itself takes time, it’s important to start the process well before the deadline. An attorney can help you understand the specific timeline that applies to your case.
Yes, medical malpractice claims almost always require expert testimony from another healthcare provider to establish what the standard of care required and how the defendant failed to meet it. This is true both for the Medical Review Panel process and for a lawsuit if the case proceeds that far. Identifying and working with the right expert is one of the most important parts of building a strong claim.
Medical malpractice claims involving a death still generally go through the Medical Review Panel process and are subject to Indiana’s damages cap, but they’re also governed by the Wrongful Death Act, which affects who can bring the claim and what damages are available. These cases involve overlapping requirements that need careful attention. An attorney experienced in both medical malpractice and wrongful death law can help your family navigate both sets of rules.
This is one of the most common questions patients have, and it’s worth having a medical malpractice attorney review the records rather than trying to determine it on your own, since evaluating the standard of care requires medical expertise most patients don’t have access to. An initial review by an attorney and consulting medical professional can help clarify whether your situation warrants pursuing a claim. There’s no cost to having your situation evaluated before deciding whether to move forward.
Because of the required Medical Review Panel process, medical malpractice cases in Indiana generally take longer to resolve than a typical personal injury claim, often a year or more before the panel issues its opinion, with additional time if the case proceeds to litigation afterward. The exact timeline depends on the complexity of the medical issues involved. An attorney can help set realistic expectations for your specific case.

If you or a loved one was harmed by a medical provider’s negligence, we can help you understand whether you have a viable claim and what the process involves. We offer a consultation to review your situation and your options. Reach out to RileyCate today to speak with a medical malpractice attorney about your case.

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