Carmel Medical Malpractice Lawyer

You trusted your doctor. You followed their advice. You believed the treatment would help.

Instead, everything got worse. Maybe they missed a diagnosis that should’ve been obvious. Perhaps they made a surgical error that never should have happened. Or they prescribed medication that caused severe complications, complications that could have been prevented.

Now you’re dealing with injuries that weren’t part of the original problem. Medical bills keep piling up. You might not be able to work. And the healthcare provider who caused this harm? They’re not returning your calls.

Medical malpractice cases are different from other injury claims. They’re complex. Healthcare providers have teams of lawyers protecting them. Insurance companies will fight hard to deny your claim or minimize what they pay. You need an attorney who understands Indiana’s Medical Malpractice Act, knows how to navigate the medical review panel process, and isn’t intimidated by hospitals or doctors.

At Pavlack Law, we’ve spent decades fighting for injured people throughout Carmel, Hamilton County, and Central Indiana. Our team has secured millions in settlements and verdicts for our clients. We understand the medical and legal complexities of malpractice cases. And we’re ready to put that experience to work for you.

Why Carmel Medical Malpractice Victims Choose Pavlack Law

Choosing the right attorney after medical negligence matters. These cases aren’t like other personal injury claims. They require specialized knowledge of medicine, Indiana law, and unique procedural requirements.

Attorney Eric Pavlack leads our team. He’s been recognized as a Super Lawyers Rising Star and Super Lawyer consistently from 2009 through 2025. Between our three attorneys, we bring 50 years of combined experience to every case.

Proven Track Record: We’ve recovered millions for families throughout Carmel and Hamilton County. Our case results include a $1,800,000 settlement in medical malpractice case for family of married father of four who died due to failure to diagnose a serious cardiac condition.

We Understand Medical Complexity: Medical malpractice cases require understanding both medicine and law. We work with qualified medical experts who review your records, identify where the standard of care was breached, and testify effectively about the harm you suffered.

Experience with Indiana’s Medical Malpractice Act: Indiana has unique requirements for medical malpractice cases. We understand the Patient’s Compensation Fund, the medical review panel process, damage caps, and every aspect of Indiana law that affects your case.

Zero Financial Risk: We work exclusively on a contingency fee basis. You don’t pay unless we recover compensation. No consultation fees, no retainers, no hourly bills. We advance all case costs upfront.

Trial-Ready Advocacy: Insurance companies and healthcare providers know we’re fully prepared to take your case through the medical review panel process and to trial if necessary. We’re admitted to practice in Indiana state courts, the U.S. District Courts for both the Southern and Northern Districts of Indiana, and the U.S. Seventh Circuit Court of Appeals.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm to a patient. Not every bad outcome is malpractice. Medicine isn’t perfect. But when a healthcare provider’s negligence causes preventable injury or death, they should be held accountable.

Medical errors are the third leading cause of death in the United States. Over 250,000 people die each year from preventable medical mistakes.

Medical malpractice claims in Indiana average over 500 per year. The financial and emotional toll on victims remains substantial.

To prove medical malpractice in Indiana, you must establish four elements:

Duty of Care: The healthcare provider owed you a duty to provide competent medical care. This is usually straightforward if there was a doctor-patient relationship.

Breach of Standard of Care: The provider failed to meet the accepted standard of care that other competent providers would have met under similar circumstances. This requires expert medical testimony.

Causation: The provider’s breach directly caused your injuries. You must prove the harm wouldn’t have occurred but for the provider’s negligence.

Damages: You suffered actual harm. Physical injuries, additional medical expenses, lost wages, pain and suffering, or other compensable losses.

Common Types of Medical Malpractice We Handle

Surgical Errors

Surgery always carries risks. But some mistakes are inexcusable. We represent clients injured by wrong-site surgery, wrong-patient surgery, retained surgical instruments left inside the body, damage to organs or nerves during surgery, anesthesia errors causing brain damage or death, post-operative infections from improper sterilization, and inadequate monitoring.

About half of all medical malpractice cases involve surgeons. These are often the most clear-cut cases of negligence.

Misdiagnosis and Delayed Diagnosis

Diagnostic errors are one of the most common and dangerous forms of medical malpractice. When doctors fail to properly diagnose conditions like cancer, heart disease, stroke, or infections, the delay can be fatal or cause permanent harm.

Common diagnostic errors include failure to order appropriate tests, misinterpreting imaging results, ignoring patient symptoms, failing to consider differential diagnoses, not following up on abnormal test results, and dismissing symptoms as anxiety or minor issues.

Cancer misdiagnosis is particularly devastating. A delayed cancer diagnosis can mean the difference between early-stage treatable disease and late-stage metastatic cancer.

Birth Injuries and Obstetric Malpractice

Birth injuries and medical malpractice claims in Indiana where mothers or newborns are harmed during pregnancy, labor, or delivery are heartbreaking. Approximately 27 out of every 1,000 babies born in the United States suffer some type of birth injury.

Obstetrics makes up over 10% of all medical malpractice claims. Common cases include failure to diagnose or treat preeclampsia, failure to perform timely C-section, improper use of forceps or vacuum extractors, failure to monitor fetal distress, shoulder dystocia and brachial plexus injuries, cerebral palsy caused by oxygen deprivation, maternal hemorrhaging, and kernicterus from untreated jaundice.

Medication Errors

Medication errors harm at least 1.5 million people every year in the United States. These errors can occur at any stage: prescribing the wrong medication, incorrect dosage, failure to check for drug interactions, pharmacy dispensing errors, administering the wrong medication in hospitals, and failure to monitor patients on dangerous medications.

Even seemingly minor medication errors can cause organ damage, respiratory failure, severe allergic reactions, or death.

Emergency Room Negligence

Emergency rooms are chaotic environments. But that doesn’t excuse negligence. We handle ER malpractice cases involving failure to properly triage patients, missed diagnoses of heart attacks or strokes, premature discharge, failure to order appropriate diagnostic tests, communication errors between staff, and understaffing leading to delayed treatment.

Other Medical Malpractice Cases

We also handle cases involving hospital-acquired infections (MRSA, C. diff, sepsis), anesthesia errors, nursing home negligence, radiology errors, and failure to refer to specialists.

Understanding Indiana’s Medical Malpractice Act

Indiana has unique laws governing medical malpractice cases. Understanding your legal rights after an injury caused by medical negligence requires knowledge of the Indiana Medical Malpractice Act.

The Medical Review Panel Requirement

Before you can file a medical malpractice lawsuit in Indiana court, you must first submit your claim to a medical review panel. This is required under Indiana Code § 34-18-8-4.

The medical review panel consists of one attorney who serves as chairman (non-voting) and three healthcare providers in the same or similar specialty as the defendant.

The panel reviews all evidence submitted in writing. Medical records, depositions, expert reports, and other documentation. There’s no live testimony. After reviewing everything, the panel issues a written opinion on whether the evidence supports the conclusion that the healthcare provider breached the standard of care.

The entire process typically takes 18 months or longer. While this seems like a long delay, it’s a mandatory step in Indiana medical malpractice cases.

Important exception: If you’re only seeking $15,000 or less in damages, you can bypass the medical review panel and file directly in court.

Damage Caps Under Indiana Law

Indiana imposes strict caps on compensation in medical malpractice cases. These caps depend on when the malpractice occurred.

For malpractice occurring on or after July 1, 2019:

• Healthcare Provider Liability: Up to $500,000 per qualified provider
• Patient’s Compensation Fund: Up to an additional $1,300,000
• Total Maximum Recovery: $1,800,000

These caps apply only to “qualified providers” who participate in Indiana’s Patient’s Compensation Fund. Non-qualified providers have no damage cap.

The Patient’s Compensation Fund

The Indiana Patient’s Compensation Fund (PCF) is a state-run program established in 1975. It provides additional compensation to malpractice victims when damages exceed the healthcare provider’s liability limits.

Here’s how it works. First, you recover from the healthcare provider or their insurance up to the cap amount. If your damages exceed that amount, you can petition the PCF for the remainder.

Healthcare providers who participate in the PCF pay annual surcharges. In exchange, they receive liability protection through the damage caps. You can search for any Indiana doctor’s malpractice history through the Patient’s Compensation Fund database.

Statute of Limitations

Under Indiana Code § 34-18-7-1, you generally have two years from the date of the alleged malpractice to file your claim.

Important exception for minors: Children under age 6 have until their 8th birthday to file.

Tolling: When you file a proposed complaint with the Indiana Department of Insurance to initiate the medical review panel process, the two-year statute of limitations is tolled (paused) until 90 days after the panel issues its opinion.

Don’t wait to contact an attorney. Evidence disappears. Medical records can be lost or destroyed. Witnesses’ memories fade.

What Compensation Can You Recover?

When healthcare provider negligence causes you harm, Indiana law allows you to pursue several categories of compensation.

Economic Damages

Medical Expenses: All past medical treatment related to the malpractice, future medical care and ongoing treatment, rehabilitation and physical therapy, home healthcare and nursing care, medical equipment and assistive devices, and prescription medications.

Lost Wages: Income lost while unable to work, benefits and bonuses you would have received, sick leave and vacation time used during recovery.

Loss of Earning Capacity: Reduced ability to earn in the future, loss of career advancement opportunities, inability to return to previous occupation, and need for vocational rehabilitation.

Non-Economic Damages

Pain and Suffering: Physical pain during recovery, ongoing chronic pain, and discomfort from necessary follow-up treatments.

Emotional Distress: Anxiety and depression, PTSD from medical trauma, loss of enjoyment of life, and fear of future medical treatment.

Permanent Disability: Loss of bodily function, disfigurement and scarring, reduced quality of life, and loss of independence.

Loss of Consortium: Impact on spousal relationship, loss of companionship and support, and changes to family dynamics.

All of these damages are subject to Indiana’s damage caps for qualified providers.

Steps to Take If You Suspect Medical Malpractice

If you believe you or a loved one has been harmed by medical negligence:

Seek Immediate Medical Attention: Your health comes first. Get treatment from a different healthcare provider. Document all new symptoms and complications.

Request Your Medical Records: You have a legal right to copies of all your medical records. Request them in writing from the hospital, all treating physicians, diagnostic imaging centers, and pharmacies.

Document Everything: Keep detailed notes about your symptoms, communications with healthcare providers, medications prescribed and their effects, and how the injury has impacted your daily life.

Don’t Sign Anything: Healthcare providers and their insurance companies may ask you to sign releases or settlements. Don’t sign anything without consulting an attorney first.

Contact Pavlack Law: Call us at 317-733-5171 before you give any recorded statements to insurance adjusters. We’ll protect your rights from day one.

Our Process

When you choose Pavlack Law to represent you after medical negligence, here’s what you can expect:

Step 1: Free Case Evaluation

Your initial consultation is completely free with no obligation. We’ll listen carefully to what happened, review your medical records if you have them, explain Indiana’s Medical Malpractice Act, and provide an honest assessment of whether you have a viable claim.

Step 2: Comprehensive Investigation

If we take your case, we immediately begin building your claim. We obtain and review all relevant medical records, work with qualified medical experts, research accepted standards of care, send preservation letters to healthcare facilities, and interview anyone with relevant information.

Step 3: Filing the Proposed Complaint

We prepare and file a proposed complaint with the Indiana Department of Insurance Medical Malpractice Division. This document identifies the healthcare provider(s), describes the alleged breaches of the standard of care, and details your injuries and damages.

Step 4: Medical Review Panel Process

We work to select qualified panel members who will fairly evaluate your case. We prepare comprehensive written submissions including medical records, expert reports, medical literature, depositions, and legal arguments.

Within 180 days of the final panel member being selected, the panel issues a written opinion. This opinion is admissible at trial and carries significant weight with juries.

Step 5: Settlement Negotiations

After the panel issues its opinion, we pursue settlement negotiations with the healthcare provider’s malpractice insurance carrier and the Indiana Patient’s Compensation Fund if damages exceed provider limits.

Step 6: Trial (If Necessary)

If settlement negotiations fail, we file a lawsuit in the appropriate Indiana court. We’re experienced trial attorneys who aren’t afraid to take cases to verdict.

Our Case Results Speak for Themselves

Over the years, we’ve helped rebuild lives for families throughout Carmel and Hamilton County. These are actual results we’ve achieved:

$19,000,000 — Settlement with numerous ready mix concrete suppliers in western Iowa who conspired to fix and inflate their prices to customers.

$6,000,000 — Settlement for the widow and surviving children of a man who died due to negligence.

$4,000,000 — Settlement for a woman paralyzed from the waist down in a car collision.

$1,800,000 — Settlement in medical malpractice case for family of married father of four who died due to failure to diagnose a serious cardiac condition.

$1,250,000 — Settlement for family of young man who was killed in collision with a negligently operated semi.

$925,000 — Settlement for construction worker who was badly injured when he fell through an unmarked opening in roof of commercial construction project.

$750,000 — Settlement for woman who was injured at work when she slipped on untreated ice.

While past outcomes don’t guarantee future results, they demonstrate our ability to handle complex cases and win against well-funded insurance companies and corporate defendants.

What Our Clients Say

⭐⭐⭐⭐⭐

“Eric Pavlack handled my father’s case with the level of professionalism and care it required. He worked with us for a long while and kept up communication extremely well. Eric oversaw the situation with care even after long periods of waiting. We appreciate all he’s done for us. He is truly exceptional!” — Desirae Michaels

⭐⭐⭐⭐⭐

“Eric and his team are top notch. Handled my son’s case with the upmost professionalism. Great communication and responsiveness. Would highly recommend his services.” — Jennifer Hart

⭐⭐⭐⭐⭐

“I give my upmost recommendation to Eric and the Pavlack Law team. At my age, 65, when I first inquired about services due to a work injury, I was not optimistic about what could happen for me and my situation. The first thing I can say about my experience is that Eric put my mind at ease. He did not promise the world, but had real conversation and discussed what the best and worst outcomes could be in this situation. Expectations were set not on the outcome, but on the process. I felt he was going to battle for me with his demeanor and explanations the whole way through the experience. During mediation, he helped me get fully prepared and made sure I was aware that the final say was totally up to me. Rest assured you are in good care with Eric and his team. I was extremely happy with the outcome.” — Randy Hartley

⭐⭐⭐⭐⭐

“Eric was always there for our family. I highly recommend his law office. A very professional law firm. Thank you and God Bless you” — Joyce Kendall

You can read additional reviews from our clients on our Google Business Profile.

Our three attorneys handle the full spectrum of personal injury cases throughout Carmel and Hamilton County. For more information about our comprehensive legal services, visit our main Carmel personal injury lawyer page.

About Attorney Eric Pavlack

Attorney Eric Pavlack leads our firm. He’s devoted his entire legal career to representing injured people throughout Indiana.

Eric graduated from Indiana University in 1996 with a B.S. in Biology, then earned his Juris Doctor from Indiana University Maurer School of Law in 1999. He’s practiced personal injury law exclusively since entering the profession.

His background in biology provides valuable insight when handling complex medical malpractice cases. He understands medical terminology, can read and interpret medical records, and knows how to work effectively with medical experts.

Bar Admissions:

• State of Indiana
• United States District Court for the Southern District of Indiana
• United States District Court for the Northern District of Indiana
• United States Court of Appeals for the Seventh Circuit

Professional Memberships:

• Indiana State Bar Association
• Indianapolis Bar Association
• American Association for Justice

Awards and Honors:

• Super Lawyers (2015-2025)
• Super Lawyers Rising Star (2009, 2011-2013)

Attorney Pavlack’s legal work has been featured in prominent media outlets including IndyStar, WRTV Indianapolis, WFYI Public Media, Chicago Tribune, and FOX59 Indianapolis.

Eric and his wife Lorrie are proud parents of two college students. When he’s not advocating for clients in court, Eric enjoys outdoor activities, cooking, home improvement projects and woodworking, sports, and playing guitar in bands.

Serving Carmel and Hamilton County

Carmel is home to approximately 102,000 residents. The city has excellent healthcare facilities including IU Health North Hospital and St. Vincent Carmel Hospital. Unfortunately, even at quality facilities, medical errors occur.

We represent medical malpractice victims who received negligent care at healthcare facilities throughout Carmel and Hamilton County.

Important Local Resources:

Carmel Police Department 3 Civic Square, Carmel, IN 46032 317-571-2500

Hamilton County Superior Courts One Hamilton County Square, Noblesville, IN 46060-2229

Areas We Serve

While our office is located in Indianapolis, we represent medical malpractice victims throughout Carmel, Fishers, Westfield, Noblesville, Zionsville, Indianapolis, all of Hamilton County, Marion County, and Central Indiana.

Frequently Asked Questions

How do I know if I have a medical malpractice case?

Not every bad medical outcome is malpractice. To have a viable case, you must show that a healthcare provider breached the standard of care and that breach caused you harm. During your free consultation, we’ll review your situation honestly and let you know whether we believe you have a case.

How much does it cost to hire a medical malpractice lawyer?

We work exclusively on a contingency fee basis. You pay no upfront fees, no retainers, and no hourly bills. We advance all case costs including filing fees, medical expert fees, and medical review panel costs. If we don’t win your case, you owe us nothing.

How long do I have to file a medical malpractice claim in Indiana?

Generally, you have two years from the date of the alleged malpractice to file your proposed complaint. Important exceptions exist for minors under age 6 (until their 8th birthday) and for injuries discovered after the two-year period. Don’t risk missing your deadline.

What is the medical review panel process?

Before filing a lawsuit in court, you must submit your claim to a medical review panel. This panel consists of one attorney chairman and three healthcare providers who review written evidence and issue an opinion on whether the standard of care was breached. The process typically takes 18 months or longer.

Are there caps on medical malpractice damages in Indiana?

Yes. For qualified healthcare providers, Indiana law caps total damages at $1,800,000 for malpractice occurring on or after July 1, 2019. This includes both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).

How long does a medical malpractice case take?

Medical malpractice cases typically take longer than other personal injury cases due to Indiana’s medical review panel requirement. From filing the proposed complaint through final resolution, cases often take 2-4 years.

What if the malpractice caused the death of my loved one?

We handle wrongful death cases arising from medical malpractice. Under Indiana law, certain family members can file a wrongful death claim seeking compensation for medical expenses before death, funeral and burial costs, loss of the deceased’s income and support, and loss of companionship and guidance.

Take Action Today: Protect Your Rights

If you’ve been injured by medical negligence anywhere in Carmel or Hamilton County, time is critical. Evidence needs to be preserved. Medical records must be obtained and reviewed by experts. The two-year statute of limitations is ticking.

Don’t attempt to navigate Indiana’s complex medical malpractice system on your own. Healthcare providers have teams of lawyers protecting them. You need an experienced attorney advocating for your rights.

Here’s what Pavlack Law offers:

• Free consultations with absolutely no obligation
• No upfront costs, we only get paid when you win
• 50 years of combined experience handling complex injury cases
• Proven results with millions recovered for clients
• Deep understanding of Indiana’s Medical Malpractice Act
• Access to qualified medical experts across all specialties
• Direct attorney access, not just support staff
• Genuine trial experience in Indiana state and federal courts

You have nothing to lose by calling us. We’ll provide straightforward answers about your case and help you understand all your legal options.

Contact Pavlack Law Today

Call us anytime at: 317-733-5171

Or visit our office: Pavlack Law Firm 8955 S Meridian St Indianapolis, IN 46217

We’re available 24/7 for emergencies. If you cannot travel due to your injuries, we’ll come to you.

Don’t allow healthcare providers to avoid responsibility for their negligence. Don’t let insurance companies minimize what you deserve. Don’t miss your opportunity to hold the right parties accountable.

Contact Pavlack Law today for your free consultation. Let us handle the legal fight while you focus on your medical recovery.

Remember: You pay nothing unless we win your case. You have nothing to lose and everything to gain.