Medical malpractice is a complicated, highly stipulated area of Indiana state law. The Medical Malpractice Act applies to the actions of health care professionals who participate in the state-sponsored excess insurance program, but may not apply to other health care professionals practicing within Indiana.
Indiana residents seeking redress for incidents involving medical malpractice must consider the following:
Statute of Limitations
In Indiana, claims of medical malpractice must be filed before the court within two years of the time the injury under dispute transpired. There are no exceptions to this rule.
Compensation is limited to $250,000 per provider, with no more than $1,250,000 total.
Joint Defendant Liability
No separation of liability is recognized in Indiana. If the injured party’s own actions contributed to the injury, a claim may not be brought against health care professionals covered by the Medical Malpractice Act. However, a claim may be brought under the Comparative Fault Act, so long as the claimant’s own actions did not contribute to more than 50% of the injury and the claimant is not a public employee bringing a suit against a government entity.
Attorney fees are capped at 15% of the total award.
Expert testimony is not required in medical malpractice suits where laypersons can be expected to understand the facts under dispute. If litigation falls within the purview of the Medical Malpractice Act, then opinions from the mediating medical review panel may be submitted by the plaintive in place of expert testimony.
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When Dean and Tracy Dixon attended their son’s wrestling match in January 2012 they were forced to watch as his shoulder was driven into the unforgiving mat. He came up in excruciating pain and could not continue his match. Six days later, the pain had still not subsided, so the Dixons brought their son, thenRead More