According to Johns Hopkins, medical errors take the lives of roughly 250,000 patients annually, making it the third leading cause of death in the United States. Misdiagnosis is cited as the primary cause, accounting for nearly 40% of all fatalities. When a medical malpractice incident occurs in the state of Indiana, these types of cases can be extremely complex due to current laws in place. If you or a loved one have been injured due to healthcare negligence, it’s important to understand how these laws can potentially affect the outcome of your case.
Originally enacted in 1975, the Indiana Medical Malpractice Act was designed to limit medical malpractice liability and create a structured process for handling medical negligence claims. It establishes a cap on damages that plaintiffs can receive, which has been increased twice over the years. Doctors, nurses, dentists, chiropractors, psychiatrists, EMTs, paramedics and other healthcare professionals working in specialty fields are all regulated by this Act. The original goal of the law was to strike a balance between adequately compensating injured patients, while keeping insurance premiums from spiraling out of control. However, as well-intended as it may have been, it has been controversial and critics have argued that the Act makes it harder for victims of medical negligence to receive fair compensation.
When an alleged medical negligence incident occurs, a complaint must be filed for each instance of malpractice, which is then reviewed by a medical review panel consisting of practitioners specializing in the same or a similar area of practice. This panel, composed of three healthcare professionals and an attorney acting as a chairperson, evaluates the evidence presented and determines whether the defendant failed to meet the appropriate standard of care, whether the defendant’s actions contributed to harm, and the extent of the patient’s injury resulting from the incident. This panel is required before a case can proceed to court.
Indiana’s Medical Malpractice Act caps damages a plaintiff can pursue and makes healthcare professionals liable for $250,000 in damages. The act also sets up the Indiana Patient Compensation Fund (PCF) to cover costs above $250,000. The maximum amount an injured party can pursue from the PCF is $1,000,000, totaling $1,250,000 in damages.
Another consideration in these types of cases is the statute of limitations, which is two years from the date of the incident. Missing this deadline could mean losing the right to seek compensation, so it’s imperative to act quickly if you or a loved one have been injured due to the negligent actions of a healthcare professional.
If you or a loved one have been affected by suspected medical malpractice, contact our personal injury law firm and we’ll be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
Call our law firm at 317-636-0808 or complete the form below for a FREE and confidential consultation.
