The Indiana Medical Malpractice Act is a statute which was first passed in Indiana in 1975 that essentially set up a peer review of potential medical malpractice claims before they could be filed in court. The general idea of the panel is to have practitioners in the same or similar area of practice who review the care given and make a determination as to whether it is or is not negligent and, if so, whether that negligence resulted in harm to the patient. The Act limits or caps the amount of recovery that a patient can obtain. The maximum amount of recovery is $1,250,000, regardless of the amount of medical bills, lost wages, or other damages suffered. The doctor or healthcare provider’s contribution is limited to $250,000 of the total amount that can be recovered. If the patient’s damages exceed that amount, then the patient can seek additional money from the state by filing an action with the Indiana Patient’s Compensation Fund. As medical malpractice lawyers with years of experience, Rex Baker and I have been practicing and understand that this process can be confusing.
This is the first of a series of four blogs. In later blogs, I will discuss generally who is covered by the Act, how does the medical review panel work, how long does it take and what happens when you win the medical review panel.