Indiana

Find an Attorney in Indiana

Indiana caps medical-malpractice damages and routes excess recovery through a state-run Patient Compensation Fund — a structure used by only a handful of states. Add 51% modified comparative fault, strong tort-reform statutes, and a 2-year PI SOL, and procedural detail matters here.

Practice areas in Indiana

Common questions about Indiana attorneys

The Indiana Medical Malpractice Act (Ind. Code § 34-18) requires plaintiffs to first proceed through a Medical Review Panel — a three-physician panel that issues an opinion on whether the standard of care was breached and whether that breach caused the injury. The panel opinion is admissible at trial. The Act caps total damages (currently $1.8M, rising annually) with the qualifying provider paying the first $500K and the Patient Compensation Fund paying the excess.
Two years from the date of injury under Ind. Code § 34-11-2-4 for most negligence claims. Claims against political subdivisions require a 180-day notice under the Indiana Tort Claims Act (Ind. Code § 34-13-3-8), and claims against the State require notice within 270 days. Medical malpractice has a 2-year SOL with limited discovery-rule extensions, plus the MRP procedural requirements.
The Indiana Patient Compensation Fund is a state-administered excess-coverage layer. A "qualified" health-care provider’s primary insurance pays the first $500,000 of any med-mal judgment or settlement. The PCF pays the rest up to the statutory cap (currently $1.8M, rising). Providers pay into the fund through a state surcharge on insurance premiums. The PCF is administered by the Indiana Department of Insurance.
Under Ind. Code § 34-51-2-6, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury (or judge) assigns percentages to each party, and your damages are reduced by your share. The Indiana Comparative Fault Act also caps several other recoveries and limits joint-and-several liability.
Indiana workers’ comp runs through the Worker’s Compensation Board under Ind. Code § 22-3. You file a claim, attend a hearing before a single board member, and can appeal to the full Board. Income benefits are 66 2/3% of average weekly wage up to a state maximum, with separate scheduled benefits for specific-loss injuries. Medical treatment is typically employer-directed, with limited rights to change providers.

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