The Indiana Medical Malpractice Act has to be followed in a negligence case when the healthcare provider is a “qualified healthcare provider” – which essentially means that the healthcare provider has followed certain steps, which include obtaining malpractice insurance coverage and paying a surcharge funds the monies managed by the Indiana Patient’s Compensation Fund.
Physicians, nurses, hospitals, midwives, paramedics, dentists, optometrists, podiatrists, chiropractors, physical therapists, occupational therapists, psychologists, and EMT’s are examples of the type of healthcare providers that are included in the definition of a “health care provider” under the Act. Pharmacists and pharmacies generally are not. Some nursing homes are qualified health care providers, but not all.
If you do not know whether your case falls under the Indiana Medical Malpractice Act, either Rex Baker or I will be happy to help you make that determination.