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Indiana passed one of the country’s first legislative acts governing medical malpractice claims. The Indiana Medical Malpractice Act creates specific procedures and limitations for malpractice claims, making it critical for injured patients to understand their rights and obligations under the Act.
Overview of the Indiana Medical Malpractice Act
The Indiana Medical Malpractice Act governs medical malpractice claims filed in Indiana by patients against their healthcare providers. The Act covers various provisions of medical malpractice claims, such as creating a statute of limitations for claims, establishing medical review panels to evaluate the viability of proposed medical malpractice claims, setting caps on financial recovery in malpractice claims, and outlining eligibility criteria that healthcare providers must meet to fall within the Act’s protections.
How an Indiana Medical Malpractice Lawyer Can Help
A medical malpractice attorney can help you with your claim by:
- Investigating your case to recover evidence
- Documenting your injuries and losses
- Working with medical experts to determine liability
- Identifying liable healthcare providers
- Presenting your proposed complaint to the medical review panel
- Negotiating a potential settlement with providers
- Filing a lawsuit and pursuing compensation in court
Statute of Limitations
The Indiana Medical Malpractice Act’s statute of limitations typically requires patients to file their malpractice claims within two years of the date of the alleged medical negligence committed by a healthcare provider. However, when a child suffers malpractice before their sixth birthday, the child and their family have until the child’s eighth birthday to file a malpractice claim. Furthermore, Indiana courts may apply the “discovery rule” to extend the statute of limitations in cases where a patient could not have reasonably discovered their injury or complications from negligent medical care within the limitations period.
When a patient discovers their harm after the limitation period has ended, they may have some additional limited time from the discovery of their injury to file a lawsuit. However, when a patient discovers their harm before the expiration of the statute of limitations, Indiana courts expect them to make a diligent effort to file within the limitations period.
Finally, filing a proposed complaint with a medical review panel tolls the statute of limitations during the panel’s review and for 90 days after the patient receives the panel’s opinion.
Indiana Malpractice Cap
The Act also sets limits on the amount of compensation a patient can recover in an eligible claim.
Aggregate Indiana medical malpractice caps include:
- $1,250,000 for malpractice that occurs after June 30, 1999, and before July 1, 2017
- $1,650,000 for malpractice that occurs after June 30, 2017, and before July 1, 2019
- $1,800,000 for malpractice that occurs after June 30, 2019
Caps for each healthcare provider qualified under the Act include:
- $250,000 for malpractice that occurs after June 30, 1999, and before July 1, 2017
- $400,000 for malpractice that occurs after June 30, 2017, and before July 1, 2019
- $500,000 for malpractice that occurs after June 30, 2019
Filing Procedures
Under the Act, a patient may not file a medical malpractice complaint unless they have submitted their proposed complaint to a medical review panel and received the panel’s opinion as to the viability of the claim. However, a patient may skip the medical review panel if they file an action seeking less than $15,000 in compensation.
Contact an Indiana Medical Malpractice Attorney to Discuss Your Situation
Contact the Law Office of Kelley J. Johnson today for a free, no-obligation consultation. We’re here to explain your rights when pursuing financial recovery under the Indiana Medical Malpractice Act.
