2016 Update on Indiana’s Medical Malpractice Reform Legislation | Indianapolis, IN Medical Malpractice Attorneys and Wrongful Death Lawyers
As laypeople, we put our faith in physicians, nurses, hospital facilities, and other medical providers whom we trust to exercise sound professional decisions, provide quality care, and abide by “best practice” standards in their field(s) of medicine. Most healthcare professionals meet or exceed the benchmark of quality health care we have come to expect. But, when medical experts fail to meet a reasonable standard of care that results in your bodily injury or the death of a family member, you need an experienced Indiana medical malpractice attorney to represent you and your family’s interests in a legal action against a negligent medical practitioner(s ).
History of Indiana’s Medical Malpractice Act
In 1975, to avert an exodus of medical professionals from the state of Indiana, lawmakers enacted the Medical Malpractice Act which would bring stringent reform to civil actions for medical negligence and place caps on liability payouts. Caps for acts of medical negligence had been raised only twice since the initial legislation was enacted 41 years ago. Periodically, lawmakers should revisit the caps imposed by the Malpractice Act and make fair, economic adjustments that reflect inflation and soaring healthcare costs.
The Medical Malpractice Act as Amended in 2016
Currently, Indiana has one of the lowest caps in the nation. In 2016, Senator Brent Steele from Bedford, Indiana authored and introduced Senate Bill 28 (SB 28) which would not only increase the caps imposed upon injured persons and the families of persons deceased by an act of medical negligence but would hasten payments made by the Patient’s Compensation Fund for a court-approved settlement or final non-appealable judgment. The Indiana Trial Lawyers Association (ITLA), one of the most respected lobbies serving the interests of Hoosiers, backed Steele’s bill and worked diligently with lawmakers and healthcare providers alike, to amend and improve on certain aspects of Indiana’s Medical Malpractice Act. Although ITLA does not favor caps on tort claims, the political climate was ripe for all interested parties, including the Indiana Medical Association which represents physicians, to strike a compromise with lawmakers that would benefit individual citizens and continue to attract accomplished physicians and talented healthcare professionals to the state of Indiana.
After SB 28 was heavily amended by both the house and the senate, lawmakers voted unanimously on March 8, 2016, to send the bill to Governor Mike Pence for his signature. Several of the bill’s key changes to Indiana’s Medical Malpractice Act are shown on the right-hand column in the chart below. Read SB 28.
Medical Malpractice ActPrior toJuly 1, 2017 | Medical Malpractice ActEffective July 1, 2017 |
Liability CapsPatients can only receive up to $1.25 million in damages from an act of malpractice. | Liability CapsEffective, July 1, 2017, patients injured or killed by a negligent act of malpractice on or after July 1, 2017, may receive an amount no greater than $1.65 million in damages. Effective July 1, 2019, lawmakers have approved an additional raise of $150,000 for patients injured or killed by a negligent act of malpractice on or after July 1, 2019. Patients may receive an amount no greater than $1.8 million in damages. |
(PCF) Patient’s Compensation FundPhysicians and Providers are responsible for the first $250,000 in damages owed to one patient for one act of malpractice, and no more than $750,000 combined annually. The PCF covers the rest of a patient’s damages, which allows patients a guarantee of full compensation by excluding physicians’ insurance plans as a factor in the ability to cover damages awards. | (PCF) Patient’s Compensation FundEffective, July 1, 2017, Effective, July 1, 2019, |
Time LimitsThe statute of limitations for filing a complaint is two years from the act of malpractice. Children less than six years old have until their eighth birthday to file a complaint. | Time LimitsNo change. |
Filing ComplaintsBefore taking a case to court, patients must file a complaint with the Indiana Department of Insurance, where a three-physician medical review panel reviews the claim. If there is one defendant, two of the three-panel members must be from the accused physician’s specialty. The panel gives a non-conclusive, non-binding report, but they can be called as experts if the defendant chooses to take the case to court. | Filing ComplaintsNo change. |
Payment from PCFClaims for payment from the Patient’s Compensation Fund are paid quarterly | Payment from PCFEffective July 1, 2017 |
Experienced Indiana Medical Malpractice Lawyers and Nursing Home Negligence Attorneys
Our experienced Indianapolis, IN medical malpractice lawyers are here to navigate the complexities of the medical malpractice claims process for you and your loved ones. Call Ward & Ward Law Firm today at 317-639-9501 and ask for “Charlie” for a free, no-obligation, consultation.
*The Indiana Supreme Court recently expanded the term “Patient.” Learn more about who can file a medical malpractice claim in Indiana.
By Charlie Ward
cpw@wardlawfirm.com
