A medical malpractice lawsuit is controlled by state law. That means that each state makes its own law and that medical malpractice law can be different in each state. So what is the law in Indiana?
In 1975, Indiana passed the Indiana Medical Malpractice Act, which was the country’s first medical malpractice reform law. Unlike many other states, Indiana law puts a cap on the amount of damages that can be awarded to a medical malpractice plaintiff. Currently, the law caps total damages in a medical malpractice lawsuit at $1.25 million. The damages cap has been raised twice since the law was enacted.
In Indiana, the Patient’s Compensation Fund provides a guaranteed source of income for patients who have been injured due to malpractice. This is different from many other states.
Here is how the $1.25 million cap is broken down under the Medical Malpractice Act:
- The doctor is responsible for the first $250,000 in damages to any patient for one act of malpractice and for no more than $750,000 in the annual aggregate.
- The Patient’s Compensation Fund will pay the excess, not to exceed $1 million.
Have you been injured due to the negligence of your doctor? Do not try to figure out the medical malpractice law on your own. An Indiana medical malpractice attorney can help determine whether you can bring a lawsuit.