Filing a Medical Malpractice Case in Indiana
QUESTION:
I've heard in Indiana unlike some other states that if someone is injured as a result of medical malpractics they cant file a lawsuit in court but instead have to file that case before a panel of doctors. Can you explain the reason for that?
ANSWER:
Indiana has a set of laws that govern medical malpractice. In most states you can file a medical malpractice case directly in court and begin the process with the court system. In Indiana most medical providers are what we call qualified providers and are entitled to the protections of the Indiana Medical Malpractice Act. That means the case has to be filed with a medical review panel which consists of three medical providers who vote on the merits of that case before you can file that case in court
It's been in effect since 1975 and it's unique to Indiana. We also have some intersting laws that govern medical malpractice such as caps on damages. There is a medical malpractice cap of 1.25 million dollars regardless the amount of harm that is caused. In some cases where you have catastrophic injuries and damages it presents a very unique hardship to the victims of medical negligence because they are capped out on their recovery
We have some laws in Indiana which make it advantages to practice medicine from a legal liability standpoint in Indiana.
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