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Medical Malpractice Lawyers Medical Malpractice Lawyer Blog Indiana Man Awarded $4.25 Million Medical Malpractice Judgment
Request a Free ConsultationUpdated June 19, 2025 | By Wilson Kehoe Winingham staff
A Goshen man injured on the job in 2005 finally won justice after an Indiana court ordered a $4.25 million settlement in his medical malpractice case. The decision comes more than a decade after the man was first injured. The result is seen as a long-overdue victory for the plaintiff. However, some think most of the damages will never be collected due to the statutory cap on medical malpractice judgments in Indiana.
In early 2005, Robert Lehman suffered a back injury while on the job at Bashor Children’s Home. He was sent to Dunlap Urgent Care Center, where he received an injected painkiller and a prescription. He was then told he could return to work. His condition deteriorated, however, and the pain continued. On a second visit to Dunlap, he was prescribed still more painkillers. However, by this time, Lehman had developed a serious infection at the original injection site, which went undiagnosed. Soon after, Lehman wound up in the emergency room. His condition was diagnosed and immediate surgery was performed. As the judge noted, “Mr. Lehman was lucky to survive.”
Even so, Lehman has been unable to walk since, and he suffers from constant pain. Based on the information before the court, the judge ruled that Dunlap and the doctor who saw Lehman on the second visit breached the standard of care in his case.
Randy Erickson2024-08-16 Our Father died from a fall due to negligence at the facility he was at for rehab. Our family is grateful for Kent Winingham and Maria Dicken for their support and dedication to our case. Kent has a thorough knowledge of Indiana laws and prepared a successful case. They answered all of our questions and kept us informed during the entire process. Our family would highly recommend WKW. Rachael Stone2024-07-16 Kent and Maria were absolutely amazing to work with!!! You can tell that they genuinely care about you and your family and the case. They take time to explain everything to you in words that you will understand. And they did AMAZING with our case and fought hard for our family and won. Thank you so much for all you guys did for our family, especially in a time of sadness!!! I highly recommend Wilson Kehoe Winingham you definitely will not be disappointed at all! DAVID RUSSELL2024-07-12 “ Kent Winingham and his Paralegal Angie were there to assist my Son and I throughout the entire process from start to finish in two different cases. Kent and his staff helped us navigate the unique challenges that presented themselves in these particular cases. Kent and his staff was thorough, diligent, and professional, handling our cases in a timely manner. Kent and his staff were patient with us and communicative at all times, involving us in every step. I highly recommend Atty. Kent Winningham and his staff at Wilson Kehoe Winingham. Ron Bryan Sr2024-06-04 Nice people to talk to and work with. Would recommend to anyone needing a good law firm. Michael Lennartz2024-06-03 The whole team at WKW worked tirelessly to help us receive compensation after an auto accident. Bill Winingham personally visited us in Lafayette to talk about the case and contacted us after hours several times to discuss issues. Our paralegal, Cynthia, was wonderful as she helped us gather all the information needed to provide evidence in our case. Additionally, as the case unexpectedly dragged on, everyone at WKW continued to be patient and optimistic as we finally worked towards a successful outcome in our case. Jennifer Peterson2024-03-26 After suffering a life changing work related injury, I was left with no other choice than to reach out to an attorney to assist me with getting financial assistance for my past and future medical bills. The first attorney I worked with in Massachusetts stated they would be able to assist me with my case but ultimately stated it was in my best interest to reach out to a law firm in the state where the accident took place. So I had to start researching the Indianapolis area and spoke to a few attorneys who stated that they didn't feel I had a good case and therefore couldn't assist me. Finally after almost giving up hope, I was referred to Wilson Kehoe Winingham. I called and spoke with Bill Winingham and Jon Noyes who were expecting my call. They both listened to my story and immediately stated I did have a case and they would be happy to help. The process was long and I had to make a few trips to Indianapolis to meet with them and the judge but in the end they helped me. I always felt like they had my best interest at heart and gave me honest feedback at all times. I would highly recommend them and the firm if you ever find yourself in need a assistance. I can't say enough about them. Chelsea Moore2024-03-07 I was referred to use Kent Winingham for an injury I had suffered in an auto accident. I was nothing but pleased! Kent and his team went above and beyond to make sure that I got every penny I deserved! He was a great listener, great negotiator, and EXTREMELY prepared! If you find yourself needing legal help due to injury look no further than Kent Winingham! Thanks again Kent!
In the ruling, itemized expenses for medical necessities and lost wages add up to more than $1.5 million. The court added nearly $2.7 million on top of this to compensate Lehman for past and future pain and suffering, bringing the total of the judgment to $4.25 million. The judge separately awarded another $450,000 to Lehman’s wife for her suffering and loss of companionship.
The judge noted that Indiana state law currently caps medical malpractice judgments at $1.25 million (earlier this year, legislation was signed which will increase the medical malpractice cap up to $1.8 million by 2019). The judge called Lehman’s injury “catastrophic” and seemed to take the position that, since the damage amount in this case was based on evidence and proven at trial, the cap should not apply. Regardless, the cap on medical malpractice damages in Indiana is $1.25 million.
When a person has been injured and turns to a medical professional for help, it’s not only normal for a patient to expect a proper standard of care—that standard is actually required by both the medical profession and by law. When a breach of care happens, it can result in a patient suffering more harm than their original injury.
If you or a loved one has been injured through a breach of the standard of care, negligence, failure to diagnose, or any other action that falls under the definition of medical malpractice, contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve.
Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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