For medical malpractice claims made for negligent care that occurred on or after July 1, 2017, the Indiana Patient’s Compensation Fund (PCF) guarantees payment for medical malpractice claims in which the liability of a qualified medical provider has been established through a settlement or verdict and the damages exceed $400,000.
A medical provider participates in the PCF by having medical malpractice insurance and paying a surcharge to the PCF. If the medical provider’s liability is established through a settlement or verdict, the provider would be responsible for paying the first $400,000 of damages, and the PCF would pay the balance of the damages up to $1.25 million. This would cap the patient’s damages award at $1.65 million.
Because there are many steps involved before a patient injured by medical malpractice can get to the PCF, it is very important to get advice from an attorney so you that your rights will be fully protected.