Eskenazi Health Malpractice & Injury Lawyer
If you or a family member was hurt during care at Eskenazi Health, you are probably weighing a hard question: whether what happened was a bad outcome or a mistake that should never have occurred. Indianapolis residents, and patients who travel in from Carmel, Fishers, Noblesville, Greenwood, Lawrence, Avon, and Plainfield, often have to make that call while still recovering. Whitfield Crosby & Flynn is a personal injury and wrongful death trial firm that handles medical malpractice, nursing home negligence, catastrophic injury, and wrongful death claims for people across Central Indiana, and it takes on cases involving large public health systems.
Looking for an Eskenazi Health malpractice and injury lawyer means looking for someone who understands how Indiana treats claims against health care providers. Indiana does not let a malpractice case simply be filed in court. A proposed complaint goes first to the Indiana Department of Insurance and then to a medical review panel, and that process shapes the timeline, the evidence you need, and the leverage you have. Eskenazi is also a public safety-net hospital, which can bring additional notice requirements into play. Knowing which rules apply to your situation, and getting started before a deadline closes, matters more here than almost anywhere else.
Why Choose Whitfield Crosby & Flynn for an Eskenazi Health Claim
Whitfield Crosby & Flynn is a trial firm first. The attorneys bring more than 90 years of combined experience and have played a role in settlements and verdicts totaling over $1 billion. Founding attorney John Whitfield has practiced law for more than 40 years, is certified as a Trial Specialist by the National Board of Trial Advocacy, and has obtained more than 30 settlements and verdicts over one million dollars. The firm prepares every case for trial from day one, and insurers and hospital defense teams know which firms are ready to try a case and which are not. Clients have a direct line to their attorney, not a rotating cast of intake staff.
For Indianapolis and Central Indiana clients, Chuck Flynn is the attorney most closely tied to this work. He is a Notre Dame Law School graduate admitted to practice in Indiana, a member of the Multi-Million Dollar Advocates Forum, and was recognized as an Attorney for Justice by the Tennessee Supreme Court. John Whitfield leads the firm’s trial team alongside Sarah Bearden, a former public defender who brings courtroom experience to injury cases. Tim Crosby focuses his practice on personal injury and wrongful death trial work, and Andrew Flynn has handled cases at every level of the Illinois state court system, including arguments before the Illinois Supreme Court. The attorneys hold memberships in the American Association for Justice, the Kentucky Justice Association, and the Tennessee Trial Lawyers Association, and the firm has been recognized by Best Lawyers: Ones to Watch.
The results behind that record include a $165 million settlement in a worldwide class action over defective heart valves, a $5.78 million jury verdict for a law enforcement officer in a negligence case against a municipality, and a $4.8 million settlement for the families of five coal miners killed in a mine explosion. Cases involving defective medical devices and claims against government bodies are the kind of document-heavy, procedurally demanding work that medical malpractice against a major hospital system requires. Prior results do not guarantee a similar outcome in any future case.
Types of Eskenazi Health Injury and Malpractice Claims
- Surgical Errors: Wrong-site procedures, retained instruments, damage to nearby organs or nerves, and anesthesia mistakes can all fall below the standard of care. These claims usually turn on operative reports, nursing notes, and testimony from a surgeon in the same specialty.
- Misdiagnosis and Delayed Diagnosis: Cancers, strokes, heart attacks, infections, and sepsis that are missed in an emergency department or clinic can turn a treatable condition into a catastrophic one. The question is whether a reasonable provider would have ordered the test or acted on the findings sooner.
- Birth Injuries: Failure to respond to fetal distress, mishandled deliveries, and delayed cesarean decisions can cause brain injury, nerve damage, and lifelong disability for a newborn. These cases often require life care planners to project decades of costs.
- Medication and Prescribing Errors: Wrong drugs, wrong doses, missed allergies, and dangerous interactions are preventable harms. Pharmacy records, medication administration logs, and electronic health record audit trails are central evidence.
- Emergency Department Negligence: Eskenazi runs a busy emergency and trauma operation, and premature discharge, inadequate triage, and failure to monitor can all lead to serious harm.
- Hospital-Acquired Infections and Patient Falls: Infections from poor sterile technique and falls from unattended or improperly assisted patients may support a claim against the hospital itself, not just an individual clinician.
- Nursing Home and Long-Term Care Negligence: Patients who move from hospital care into a facility can suffer bedsores, malnutrition, and medication errors, and the hospital’s discharge decisions can themselves be part of the story.
- Wrongful Death: When a medical error is fatal, surviving family members may bring a claim, and the Indiana wrongful death filing period is two years from the date of death.
What to Do After Suspected Malpractice at Eskenazi Health
The first priority is your medical care. Follow up with a provider you trust, preferably one outside the system where the problem occurred, and keep every discharge summary, prescription, and bill. Then request your complete medical records, including imaging, lab results, nursing notes, and the records of any follow-up care. Write down what you remember while it is fresh: who treated you, what was said, what you were told about risks, and when symptoms changed. Do not post details on social media, and do not sign anything from the hospital’s risk management or insurer without having a lawyer look at it.
Deadlines drive everything. Indiana generally gives two years from the act or omission to bring a medical malpractice claim, and that period is measured from the error, not from when you realized something was wrong, which makes early action important. Because the care happened in Indianapolis, the claim also must go through the medical review panel process before it can be filed in court. A proposed complaint is filed with the Indiana Department of Insurance, and filing it pauses the limitations period until 90 days after the panel issues its opinion. Either side may ask for the panel to be formed no earlier than 20 days after the complaint is filed. The panel is made up of three health care providers and a non-voting attorney chairperson, and its opinion is due within 180 days, although the parties can agree to extend that window. The panel step can be skipped if the complaint states that the damages sought do not exceed $15,000, or if the claimant and every named defendant agree in writing to waive it. Separately, if a claim involves a government entity, Indiana’s tort claim notice period is 180 days from the loss, so raise that question with a lawyer immediately if there is any chance a governmental unit is involved.
Cases in Marion County are heard in the county’s circuit and superior courts after the panel process concludes, and federal claims are handled by the U.S. District Court for the Southern District of Indiana. A common mistake is waiting for the hospital to “make it right” or for a billing dispute to resolve while the clock runs. Another is assuming that a signed consent form ends the discussion. Consent covers known risks, not negligence. An Indianapolis injury attorney can obtain the records, retain the right medical experts, and file the proposed complaint in a way that preserves your claim.
How Indiana Fault Rules Affect a Hospital Injury Claim
Indiana uses a modified comparative fault system. If a patient is found partly responsible for the harm, for example by not following discharge instructions, the recovery is reduced by that percentage. A claimant who is 50 percent at fault can still recover half of the damages, but a claimant found 51 percent at fault recovers nothing. In hospital cases, defense teams sometimes point to missed appointments, undisclosed medications, or delays in seeking care to shift blame. Complete records and expert testimony are what answer those arguments.
Proving a malpractice claim means showing that the provider owed you a duty, breached the accepted standard of care, and that the breach caused real harm. That almost always requires a qualified medical expert, and it is why these cases take longer and cost more to build than an ordinary injury claim. Damages can include past and future medical expenses, lost income and earning capacity, and pain, suffering, and loss of enjoyment of life. In catastrophic cases, life care planners and economists are used to calculate what an injury will cost over a lifetime.
Questions About Eskenazi Health Malpractice Claims
How long do I have to file a malpractice claim over care at Eskenazi Health?
Indiana generally allows two years from the act or omission that caused the injury. Because the proposed complaint must be filed with the Indiana Department of Insurance first, and because a government-related claim can carry a notice period of 180 days from the loss, you should speak with a lawyer as soon as you suspect a problem.
What is a medical review panel?
It is a pre-suit step required for most Indiana malpractice claims. The panel consists of three health care providers and a non-voting attorney chairperson. After reviewing the evidence, it issues an opinion on whether the provider met the standard of care. The opinion is usually admissible later and often shapes settlement talks.
Can I skip the review panel?
Only in limited situations. The step may be bypassed if the proposed complaint states that the damages sought do not exceed $15,000, or if you and every named defendant agree in writing to waive it. Most serious injury claims go through the panel.
Does filing with the Department of Insurance stop the clock?
Yes. Filing the proposed complaint pauses the statute of limitations until 90 days after the panel gives its opinion. That protection only helps if the complaint is filed before the original period runs out.
How long does the panel process take?
The panel’s opinion is due within 180 days, but the parties can agree to more time, and delays in gathering records and expert reviews are common. Many claims take well over a year from the proposed complaint to a court filing.
What if I was partly at fault for my own injury?
Indiana bars recovery if your fault is greater than the combined fault of the others responsible, so a claimant at 51 percent gets nothing. At 50 percent or below, the award is reduced by your share. Defense teams look hard at this, so accurate records matter.
Can I sue if the hospital had me sign a consent form?
Often yes. Consent covers the known risks of a procedure, not negligent performance of it. A signed form does not excuse a surgical mistake, a missed diagnosis, or a medication error.
Will my health insurance cover treatment to repair the harm while my claim is pending?
Generally you should use your insurance to get needed care without waiting for the claim to resolve. Insurers and some government programs may later assert reimbursement rights against a settlement, which a lawyer can negotiate.
Is it worth hiring a lawyer if the injury seems minor?
Malpractice claims require expert review and significant up-front work, so they are most practical when the harm is serious or lasting. A lawyer can tell you after reviewing the records whether the damages justify pursuing a claim.
Does it matter if the provider who caused harm was a resident or contractor instead of a hospital employee?
It can. Who employed the person, and whether the hospital is responsible for their work, affects which parties can be named and which insurance coverage applies. Sorting that out early is part of identifying every responsible party.
Can a family bring a claim if a loved one died after treatment?
Yes. Indiana wrongful death claims must be brought within two years of the date of death, and a death following medical negligence may also require the medical review panel step, so family members should not delay.
Serving Indianapolis and Central Indiana Malpractice Clients
Whitfield Crosby & Flynn represents injured patients and families throughout Indianapolis and Marion County, from downtown and the near-eastside neighborhoods surrounding the hospital system to the northside, the westside, and the southside. The firm also serves clients in Carmel, Fishers, and Noblesville in Hamilton County, along with Lawrence, Greenwood, Avon, and Plainfield across the surrounding metro area. Because patients are drawn to Indianapolis hospitals from all over the region, the firm also helps families who live outside the city but received care inside it, and it handles related claims involving IU Health Methodist, St. Vincent Hospital Indianapolis, and Community Health Network.
The firm’s reach extends beyond Central Indiana. Its attorneys also serve Southern Illinois, Western Kentucky, and Southeast Tennessee, including Marion, Carbondale, Herrin, Madisonville, Hopkins County, Chattanooga, and Hamilton County, so families who split time between states or whose care crossed state lines can work with one trial team.
Talk With an Eskenazi Health Injury Attorney
If you believe a mistake at Eskenazi Health changed your life or took a family member’s, the sooner an Indianapolis medical malpractice attorney reviews your records, the more options you keep. Call Whitfield Crosby & Flynn to schedule a consultation. The attorneys will listen to what happened, explain how the review panel process and filing deadlines apply to your situation, and tell you plainly whether the evidence supports a claim.