Nurse Practitioner & Physician Assistant Malpractice in Fort Wayne, IN
Harmed by a Nurse Practitioner or Physician Assistant?
Nurse practitioners (NPs) and physician assistants (PAs) now diagnose, prescribe, and manage care in clinics, urgent care centers, emergency departments, and hospitals throughout Indiana and Ohio. When their care falls below accepted professional standards and a patient is seriously injured or dies, the patient or their family may have grounds to pursue compensation under applicable state law.
Sweeney Law Firm represents patients and families in Indiana medical malpractice claims, including cases involving NPs and PAs. The firm serves clients in Indiana and Ohio, helping individuals and families understand their legal options after a suspected medical error. If you are unsure whether malpractice occurred, Sweeney Law Firm can review your records and explain your options. Consultations are free, and accepted cases are handled on a contingency-fee basis.Can You Sue a Nurse Practitioner or Physician Assistant for Malpractice in Indiana?
Yes. Under Indiana law, a patient may bring a malpractice claim against a nurse practitioner or physician assistant who failed to meet the applicable standard of care and caused a compensable injury. Four elements generally must be proven.
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Duty of care
A provider–patient relationship existed, so the NP or PA owed professional care.
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Breach of the standard of care
The care fell below what a reasonably careful provider in the same role would have done in similar circumstances.
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Causation
The breach, not the illness alone, caused or worsened the injury. This usually requires qualified expert testimony.
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Damages
A legally recognized loss resulted, such as added treatment, lost income, pain, permanent impairment, or death.
A poor outcome alone does not prove malpractice. Medicine carries risk, and some complications happen even with careful treatment.
What Standard of Care Applies to an NP or PA?
There is no single standard that applies to every provider. The applicable standard depends on the provider's role, training, responsibilities, scope of practice, and the circumstances of treatment. A nurse practitioner evaluating chest pain in an urgent care clinic, for example, is generally measured against what a reasonably careful provider in that role and setting would have done.
Scope of practice also matters. NPs and PAs in Indiana practice within limits set by state law and, in many settings, collaborative arrangements with physicians. When a condition calls for care beyond what the provider can safely give, the standard may require consultation, escalation, or referral. Whether it was met is a question for qualified medical experts. Read more about the standard of care in medical malpractice cases.
Common Types of Nurse Practitioner and Physician Assistant Negligence
Common examples include:
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Failure to diagnose or delayed diagnosis
Attributing chest pain, shortness of breath, or a severe headache to a minor cause without ruling out heart attack, pulmonary embolism, stroke, or sepsis. See medical misdiagnosis.
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Medication and prescribing errors
The wrong drug or dose, a missed allergy or dangerous interaction, or no monitoring of a medication that requires lab checks. See medication errors.
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Failure to refer or escalate care
Continuing to manage worsening symptoms, or a condition outside the provider's scope, instead of involving a physician, specialist, or emergency department.
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Failure to respond to abnormal test results
Not reviewing, acting on, or communicating an abnormal lab, imaging, or biopsy result while a treatable condition progresses.
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Inadequate patient monitoring
Discharging too soon, missing changes in vital signs, or giving no clear follow-up instructions.
Who Can Be Held Responsible for NP or PA Malpractice?
Responsibility depends on who acted negligently and how care was organized. A claim may involve:
- The nurse practitioner or physician assistantThe treating provider may be directly responsible for their own clinical decisions.
- A physicianA collaborating or supervising physician is not automatically liable for an NP's or PA's mistakes, but may be responsible for their own negligence, such as an inadequate response when consulted, or in some cases through employment.
- Hospitals, clinics, and urgent care centersAn employer may be vicariously liable for an employee's negligence within the scope of employment, and a facility may be responsible for its own failures, such as unsafe policies or staffing.
- Other providersNurses, pharmacists, or laboratories may share responsibility if their own negligence contributed.
How Indiana's Medical Malpractice Act Affects Your Claim
Most claims against Indiana health care providers fall under the Medical Malpractice Act (Indiana Code Title 34, Article 18), which sets special filing steps, deadlines, and recovery limits.
Qualified and nonqualified providers
A provider is "qualified" when it carries the required malpractice insurance and participates in Indiana's Patient's Compensation Fund. Claims against qualified providers generally follow the steps below; claims against nonqualified providers are outside the Act's panel requirement and damages cap and may be filed directly in court.
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Initial legal and medical review
Records are gathered and evaluated, with input from qualified medical professionals.
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Proposed complaint with the Indiana Department of Insurance
The claim generally begins with a proposed complaint filed with the Indiana Department of Insurance. Filing it pauses the statute of limitations.
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Medical review panel, when applicable
No earlier than 20 days after filing, either side may request a panel of three health care providers, chaired by an attorney, that reviews written evidence and issues an opinion. The opinion is admissible but does not decide the case. No panel is required for claims of $15,000 or less or when all parties agree to skip it.
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Litigation or resolution
The claim may then proceed in court, settle, or go to trial. Damages above a qualified provider's limit are sought from the Patient's Compensation Fund.
How Sweeney Law Firm Investigates NP and PA Malpractice Claims
Medical records rarely tell the whole story on their own. Our review is built to answer three questions: what should have happened, what did happen, and whether the difference caused the injury.
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Gather complete records
Clinic, urgent care, hospital, pharmacy, lab, and imaging records, including electronic audit trails where relevant.
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Rebuild the timeline
When symptoms were reported, which tests were ordered, who saw the results, and when care changed.
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Evaluate clinical decisions
We consult appropriately qualified medical professionals about whether diagnosis, prescribing, referral, and follow-up decisions met the standard of care.
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Assess causation and damages, then follow Indiana's procedures
We assess whether different care likely would have changed the outcome, document the harm, identify every responsible party, and manage the filing, panel, and any litigation.
Legal Experience Informed by Medical Knowledge
Sweeney Law Firm has represented injured patients and families since 1984. Because malpractice cases turn on medicine as much as law, the firm consults with board-certified physicians when evaluating a claim.
Attorney David Farnbauch has handled plaintiff's cases since 1986 and has been recognized by The Best Lawyers in America for medical malpractice work every year since 2009. Attorney Daren Niemi, admitted in Indiana and Ohio, focuses his practice on medical malpractice litigation. Learn about our law and medicine approach.
How Long Do You Have to File a Medical Malpractice Claim in Indiana?
Generally, two years from the date of the alleged malpractice, not from the date you discovered the injury. Indiana uses an "occurrence-based" deadline (Ind. Code § 34-18-7-1).
- A child injured before age six has until their eighth birthday.
- Filing a proposed complaint pauses the deadline until 90 days after the claimant receives the panel's opinion.
- Courts have allowed more time in limited cases where the malpractice could not reasonably have been discovered within two years. These exceptions are narrow.
- Wrongful death claims have timing rules that interact with this deadline.
What Compensation May Be Available?
Depending on the facts, compensation may include:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Physical pain, mental suffering, and loss of enjoyment of life
- Costs of future care, therapy, or assistive needs
- In fatal cases, losses recognized under Indiana's wrongful death statutes
Indiana limits recovery. For malpractice occurring after June 30, 2019, total recovery is capped at $1.8 million; a single qualified provider is liable for up to $500,000, and the Patient's Compensation Fund pays any excess up to the cap (Ind. Code § 34-18-14-3). The value of any case depends on its injuries, evidence, and applicable law.
Frequently Asked Questions
Can I sue a nurse practitioner for a missed diagnosis in Indiana?
Yes, if the missed or delayed diagnosis fell below the applicable standard of care and caused harm that a timely diagnosis likely would have prevented.
Can a physician assistant be liable for prescribing the wrong medication?
Yes, if the prescribing error, such as a wrong drug or dose or a missed allergy or interaction, fell below the standard of care and caused injury. A pharmacy may share responsibility.
Is a collaborating physician automatically responsible for NP or PA negligence?
No. A collaborative or supervisory relationship does not by itself create liability. A physician may be responsible for their own negligence, or in some cases through employment.
Does Indiana require a medical review panel before filing a malpractice lawsuit?
Usually, for claims against qualified providers. The exceptions are claims seeking $15,000 or less and cases where all parties agree to skip the panel. Claims against nonqualified providers are not subject to it.
How long do I have to file a nurse practitioner malpractice claim?
Generally two years from the date of the alleged malpractice, not from discovery. Children injured before age six have until their eighth birthday, and narrow exceptions exist.
What evidence is needed to prove medical negligence?
Usually the complete medical records, a timeline of care, and qualified expert testimony on the standard of care and causation, plus proof of damages such as bills and wage records.
Can a hospital be liable for a nurse practitioner's or physician assistant's mistake?
It can, when the NP or PA is its employee acting within the scope of employment, or when the facility's own policies or staffing contributed. Employment status often matters.
Speak With a Fort Wayne Medical Malpractice Attorney
You do not need to know whether malpractice occurred before you call. Many people contact us because something felt wrong: a diagnosis came too late, a medication caused harm, or no one followed up on a test.
We can help you understand what happened, review whether the care may have been negligent, identify your deadline, and explain your options. The consultation is free, and if we accept your case, our fee is paid only if there is a recovery.