Indiana Malpractice Laws | Indiana Malpractice
Limits on Malpractice Damages
Liability is limited to $250,000.00 per health care provider with a total cap on damages of $1.25 million. May be fluctuated throughout years.
Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources such as the plaintiff’s own insurance coverage. Indiana permits a discretionary offset for collateral source payments in medical malpractice cases, and permits introduction of evidence of payments from sources other than life insurance other insurance for which the plaintiff or members of the plaintiff’s family have paid directly or have had payments made by the United States or any of its agencies or subdivisions.
Rules for Expert Witnesses
The findings of a medical review panel qualify as expert testimony.
Joint and Several Liability
Under a traditional rule of joint and several liability where more than one defendant is found liable for the injury suffered by a plaintiff each defendant is individually liable for the entire amount of the judgment such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Indiana has abolished joint and several liability.
Statute of Limitations
Medical malpractice actions must be commenced within two years of the date of the injury. For malpractice cases involving minors below the age of six a claim may be filed up to the childs eighth birthday.
Limits on Attorney Fees
The patient compensation fund pays malpractice awards over $250,000.00 up to $1.25 million. The attorney fee may not exceed 15% for any amount paid from the patient compensation fund.
*At the request of either party, a medical review panel evaluates the case. At least two members of the medical review panel must be of the same specialty as the defendant. Panel findings are admissible at trial.