Filing a Medical Malpractice Case in Indiana

“I’ve heard in Indiana unlike some other states that someone who is injured or involved with medical malpractice say in a hospital or nursing home can’t file a lawsuit in court but instead have to file that case before a panel of doctors. Can you explain the reason for that?”

“Indiana has sort of a unique set of laws that govern medical malpractice. Most states if you have a medical malpractice case you can file that case directly in court and begin the process with the court system. In Indiana, most medical providers are what we call qualified providers and their entitled the protections of the Indiana Medical Malpractice Act and what that means from a practical standpoint is the case has be filed with a medical review panel which consist of three medical providers who vote on the merits of that case before you can file your case in court. It has been in effect since 1975.It is unique to Indiana. We also have some interesting laws that govern medical malpractice such as caps on damages. Most people do not know that in the state of Indiana, there is a medical malpractice cap of 1.25 million dollars regardless the amount of harm that has been cause by the doctor or hospital. The most that you can recover in a medical malpractice case in the state of Indiana is 1.25 million dollars which is in some cases where you have catastrophic injuries and damages; it presents a very unique hardship to the victim of medical negligence because they are capped out on their recovery. We have some laws in Indiana that make it very adventitious to practice medicine from a legal liability standpoint in this state.”