Indiana Medical Malpractice Laws
There is a limit in the amount of $500,000 for all damages. The defendant is liable for up to $250,000 in damages (the amount above $250,000 is the responsibility of the Patient’s Compensation Fund). The statute of limitations is two years from the incident (for minors under age 6, until the 8th birthday). There is joint and several liability. Attorney fees for the portion of awarded damages paid by the Patient’s Compensation Fund is limited to 15%. Periodic payments are permissible. The claimant must file the proposed complaint with a medical review panel that must file its opinion before the complaint may be filed in court (unless the claim is for $15,000 or less). The opinion of the medical review panel is admissible during trial but is not conclusive and any party may call any member of the medical review panel to testify during trial. There is no requirement for an affidavit or certificate of merit.