1. Law Office of Kelley J. Johnson
Focus Area: Medical malpractice and birth trauma exclusively
Practice Areas: Birth injuries, surgical errors, misdiagnosis, delayed diagnosis, medication errors, hospital negligence, anesthesia errors, child injuries, wrongful death
Background: Attorney Kelley J. Johnson brings nearly 20 years of litigation experience to medical malpractice cases. The firm focuses solely on medical malpractice-related cases, handling nothing else. The firm has recovered millions in verdicts and settlements for Indiana patients and families in birth trauma, medical malpractice, and child injury lawsuits. Clients work directly with the lead attorney rather than being handed off to junior associates. The firm has secured the maximum judgment allowable under Indiana law for clients.
Location: Indianapolis, Indiana
Contact: https://www.medmalpractice.law
Consultation: Free consultation. Contingency fee basis with no fees until the case is won.
2. Garau Germano, P.C.
Focus Area: Medical malpractice and serious injury litigation
Practice Areas: Surgical errors, misdiagnosis, failure to diagnose, birth injuries, anesthesia errors, medication errors, hospital negligence, nursing home abuse, wrongful death
Background: The firm is recognized as a leader in the medical malpractice practice area in Indiana. Attorney Jerry Garau and the legal team have represented injured clients throughout Indiana for decades, establishing a reputation for excellence and trustworthiness. The firm has recovered millions of dollars in verdicts and settlements for clients in medical malpractice claims. Very few law firms in Indiana focus on medical malpractice, making this specialized focus particularly valuable.
Location: Indianapolis, Indiana
Contact: (317) 978-9973 | https://www.indianapolis-medical-malpractice-lawyer.com
Consultation: Free case evaluation. No legal fees unless compensation is recovered.
3. CohenMalad, LLP
Focus Area: Healthcare negligence and complex medical malpractice
Practice Areas: Surgical errors, birth injuries, misdiagnosis, delayed diagnosis, hospital malpractice, nursing home negligence, wrongful death
Background: CohenMalad, LLP secured a $55 million settlement for 282 Indiana patients harmed by unnecessary sinus surgeries performed by an ENT physician, representing one of the largest medical malpractice recoveries in Indiana history. The firm helped over 260 patients recover damages in that major malpractice case. The medical malpractice team maintains relationships with respected medical authorities across numerous specialties who can review cases and testify about standard-of-care violations. The attorneys stay current on evolving medical standards and malpractice law.
Location: Indianapolis, Indiana
Contact: https://cohenandmalad.com
Consultation: Free consultation available.
4. Hankey Marks & Crider
Focus Area: Medical malpractice and serious personal injury
Practice Areas: Surgical errors, diagnostic errors, hospital negligence, emergency room malpractice, medication errors, birth injuries, nursing home abuse, wrongful death
Background: The firm has over 75 years of combined experience helping injured individuals in Indianapolis and across Indiana. The attorneys have handled complicated medical malpractice cases for years, developing the in-depth knowledge of medical and legal issues necessary for success in this specialized field. The firm carefully evaluates the details of each case to determine the best approach for pursuing compensation.
Location: 429 E Vermont St #200, Indianapolis, IN 46202
Contact: (317) 634-8565 | https://www.hankeylawoffice.com
Consultation: Free confidential consultation available.
5. Ramey & Hailey
Focus Area: Medical malpractice and complex litigation
Practice Areas: Medical malpractice, traumatic brain injuries, spinal cord injuries, birth injuries, surgical errors, workers’ compensation, environmental law, wrongful death
Background: Based in Indianapolis, the firm represents clients in Indiana and throughout the nation in serious personal injury and complex litigation matters. Firm co-founders Mary Beth Ramey and Richard D. Hailey have over 65 years of cumulative legal experience. Both attorneys have been recognized by Best Lawyers in America. Ms. Ramey has been selected for inclusion in Indiana Super Lawyers and is a former President of the Indiana Trial Lawyers Association. The firm has served as local or co-counsel with law firms and attorneys from over 20 different states. Ms. Ramey received the Indiana Trial Lawyers’ Lifetime Achievement Award in 2017.
Location: Indianapolis, Indiana
Contact: https://www.rameyandhaileylaw.com
Consultation: Contact firm for consultation details.
Medical Malpractice Laws in Indiana
Statute of Limitations
Medical malpractice claims in Indiana must be filed within two years from the date of the alleged act of malpractice. For children under six years of age at the time of the incident, parents or guardians have until the child’s eighth birthday to file. Indiana courts recognize a limited “discovery rule” that may extend the deadline in cases where the injury could not have been discovered through reasonable diligence within the standard period.
Indiana Medical Malpractice Act
Indiana was the first state to pass medical malpractice reform legislation in 1975. The Indiana Medical Malpractice Act establishes a comprehensive framework governing these claims. The Act has repeatedly withstood constitutional challenges, unlike similar laws in many other states that have been overturned.
Medical Review Panel Requirement
Before filing a medical malpractice lawsuit in court, claimants seeking damages exceeding $15,000 must submit their proposed complaint to a medical review panel. This panel, overseen by the Indiana Department of Insurance, consists of one attorney and three healthcare providers practicing in the same specialty as the defendant. Both parties submit documentation and evidence for review. The panel issues an opinion on whether negligence occurred, though this opinion is not binding. After receiving the panel’s opinion, claimants have 90 days to file the lawsuit in court. Panel members may share their opinions as evidence or testify at trial.
Damage Caps
Indiana law caps total damages available to a patient for an act of malpractice at $1.8 million for cases where the malpractice occurred after June 30, 2019. For malpractice occurring between July 1, 2017, and June 30, 2019, the cap was $1.65 million. The cap applies to all damages combined, including both economic and non-economic losses. This differs from many states that cap only non-economic damages.
Patient’s Compensation Fund
Indiana established the Patient’s Compensation Fund (PCF) to cover damages above the healthcare provider’s initial liability. Healthcare providers are responsible for the first $500,000 in damages for any one case and no more than $750,000 in the annual aggregate. The PCF covers any excess up to the total cap amount. Physicians must purchase commercial insurance for their initial liability and pay a surcharge to the PCF to qualify for these protections.
Attorney Fee Limitations
For cases involving malpractice that occurred after June 30, 2017, attorney contingency fees are capped at 32% of the amount recovered.
Expert Testimony
Expert testimony is typically required to establish the standard of care and demonstrate how it was breached. The expert must be familiar with the applicable standard of care and able to explain how the defendant’s actions deviated from that standard.
Comparative Fault
Indiana follows a modified comparative fault rule. A plaintiff who is found to be more at fault than all defendants combined cannot recover damages. If the plaintiff’s fault is 50% or less, their recovery is reduced proportionally.
Frequently Asked Questions
How does the medical review panel process work in Indianapolis?
After you file a proposed complaint with the Indiana Department of Insurance, both your attorney and the defendant’s attorney agree upon panel members, including three licensed healthcare providers and a lawyer. The panel reviews all submitted documentation and evidence, then issues an opinion on whether negligence occurred. While this opinion is not legally binding, it carries significant weight and can be used as evidence at trial. The entire process typically takes several months to over a year, adding time to the overall case timeline.
Why is the $1.8 million damage cap significant for Indiana medical malpractice victims?
Unlike most states that cap only non-economic damages such as pain and suffering, Indiana’s cap applies to all damages including medical expenses and lost wages. This means victims with catastrophic injuries requiring millions in future care may receive less than their actual damages. However, the cap does not apply to wrongful death cases under the Ohio Constitution, giving surviving family members access to full compensation.
What if my doctor is not covered under the Medical Malpractice Act?
Healthcare providers who do not carry the required insurance and pay the PCF surcharge are not “qualified” under the Act. Claims against non-qualified providers are not subject to the medical review panel requirement or the damage caps. You may proceed directly to court and pursue damages without the statutory limitations. An attorney can verify whether your provider is qualified under the Act.
Can I pursue a claim if my child was injured at birth in an Indianapolis hospital?
Indiana law provides extended deadlines for minor children. If your child was under six years old at the time of the malpractice, you have until the child’s eighth birthday to file. Birth injury cases involving conditions such as cerebral palsy, brachial plexus damage, or hypoxic brain injury require early investigation to preserve evidence and secure appropriate expert testimony about obstetric standards of care.
How long will my Indianapolis medical malpractice case take to resolve?
Medical malpractice cases in Indiana typically take longer than other personal injury claims due to the mandatory medical review panel process. After filing the proposed complaint, the panel review alone can take 12 to 18 months or longer. If the case proceeds to litigation after receiving the panel opinion, trial may not occur for another one to two years. Complex cases with multiple defendants or disputed causation issues may take even longer. The entire process from initial consultation to resolution commonly spans two to four years.