A family has filed a negligence lawsuit against Richmond State Hospital, alleging that the state psychiatric hospital failed to adequately diagnose, monitor and treat a patient before discharging him. The Palladium-Item report syndicated by NewsBreak[1] does not state the court or the date the lawsuit was filed.
The case involves two Indiana counties. Richmond State Hospital is in Richmond in Wayne County. The attack at the center of the lawsuit happened in Merrillville in Lake County.
What the lawsuit alleges
According to the Palladium-Item, Jason Troy Whitaker, 45, was committed to the hospital on October 18, 2023, and released on July 12, 2024. On Sunday, March 15, 2026, in the basement of a Merrillville home, he fatally stabbed his father, Orell Whitaker, 74. The paper reported that he also stabbed his mother and struck her with a cast-iron skillet.
Francine Whitaker, 74, and Leslie Whitaker are the plaintiffs. Jason Whitaker was charged with murder, attempted murder and aggravated battery. The Palladium-Item reported that the criminal case was expected to end in a plea and that sentencing was set for December 10.
Richmond State Hospital denies liability and has pleaded incurred or assumed risk as a defense, according to the Palladium-Item. The lawsuit’s allegations have not been proven, and no court has ruled on them.
What families can do next
When a violent act may involve an institution that had responsibility for the person who caused the harm, responsibility can be hotly contested. The answer depends on the facts, the institution’s legal duties and the available records. A general overview of the proof required for negligence in Indiana can help you understand why records and causation matter.
Keep medical, funeral and hospital bills. Also preserve any letters or records you received about a family member’s commitment or discharge. You can follow the criminal case through the prosecutor’s office and a victim advocate, who can also explain Indiana’s crime victim compensation program.
If a government facility may be involved, talk with a lawyer early. Government notice periods can be much shorter than the ordinary filing deadline. Families may also find it helpful to review how an Indiana government tort claim notice works.
Why location matters in an Indiana claim
The attack happened in Lake County, while Richmond State Hospital is in Wayne County. Indiana venue rules generally allow a case to be filed where the injury happened, where a defendant is located or where certain other connections exist. The report does not identify the court in which this lawsuit was filed.
Because Richmond State Hospital is a state facility, the Indiana Tort Claims Act applies. A written notice of claim against the state generally must be filed within 270 days of the loss under Ind. Code 34-13-3-6. Claims against a city, county, town or another political subdivision generally require notice within 180 days under Ind. Code 34-13-3-8. Missing a required notice deadline can bar a claim. More information is available in the firm’s guide to claims against Indiana government entities.
Government claims are governed by the Indiana Tort Claims Act rather than the Comparative Fault Act. A claimant’s fault can bar recovery entirely, and defenses involving incurred or assumed risk may become significant. Whether any defense succeeds depends on the evidence and the governing law.
Indiana’s general two-year filing deadline appears in Ind. Code 34-11-2-4. Claims for a death are governed by the wrongful death statute, Ind. Code 34-23-1-1, which addresses who may bring a claim and the damages that may be recovered. You can read a plain-language discussion of damages in an Indiana wrongful death case.
How Delventhal Law Office can help
Delventhal Law Office, LLC is a Fort Wayne personal injury law firm founded by attorney Chad E. Delventhal in 2009. The firm handles serious injury and wrongful death claims in Indiana, including matters involving government entities and Tort Claims Act deadlines. These defendants and their insurers may aggressively defend a claim, so careful attention to notices, records, venue and asserted defenses matters.
Chad Delventhal can explain how those rules may apply to your circumstances. No outcome can be promised, but the firm offers a free case evaluation.
This post is based on public reporting, the investigations and court proceedings may be ongoing, and nothing here is legal advice or creates an attorney-client relationship.
