Knowledge is power, as the old saying goes, and that’s certainly true about medical malpractice in the state of Indiana. Here are five things you should know.
- One, there is a specified window of time in which medical malpractice suits have to be filed. In Indiana, this period is two years. After that time frame, a case cannot be brought, even if you feel you have been injured and want to pursue legal action. (There is one exception: minors under 6 years of age have until their eighth birthday to file.)
- Two, medical malpractice case awards are capped at $1.25 million in our state.
- Three, any damages are paid jointly by the physician and a state fund established for the purpose. The physician is liable for the first $250,000 for any act, and no more than $750,000 in the annual aggregate. The remainder, not to exceed $1 million for one case, is paid by the Patient’s Compensation Fund (PCF), run by the state of Indiana.
- Four, filing a complaint with the Indiana Department of Insurance is a necessary preliminary step before a case can proceed to court. The case is then evaluated by a three-person medical review panel. At least two of them must practice in the same specialty as the defending physician.
- Five, after the Indiana Department of Insurance panel issues its report, the patient and their attorney can then decide the best course of action. In addition, the panel’s report is admissible as evidence.
To talk more about medical malpractice, or anything else, please contact us. Thanks.