Yes. For medical malpractice that occurred on or after July 1, 2019, the cap on damages is $1.8 million in Indiana.
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The following questions, are ones that our Indiana medical malpractice attorneys are often asked about cases. This information is not meant to be substituted for talking to your lawyer and does not constitute attorney advice. This information is merely meant to be an aid to you in understanding Indiana’s Medical Malpractice Act.
Please call Langer & Langer if you have any questions. We can be reached at 219-464-3246 and offer initial consultations for medical malpractice cases.
Disclaimer: None of the information provided in these materials is intended to serve as legal advice. If you have any questions, please contact our office.
In Indiana, effective July 1, 2019, before a lawsuit may be brought against a qualified health care provider, the case must be reviewed by a Medical Review Panel. A Medical Review Panel consists of three (3) Indiana health care providers who review the patient’s claim and then render an opinion as to whether the doctor committed negligence. This opinion is admissible at trial.
In Indiana, the maximum a patient is entitled to recover is $1,800,000.00 per occurrence of malpractice regardless of the amount of damages. For example, assume a child is injured at birth by an act of malpractice. Assume that the child will incur about $4,000,000.00 in medical expenses over his or her life and will never be able to work. The maximum amount of recovery a patient is entitled to under Indiana’s Malpractice Act is $1,800,000.00.
Generally, it takes about one year from the time the Proposed Complaint is filed until a Medical Review Panel renders its opinion. This time period may vary depending on the necessity of depositions and whether any disputes arise that require court hearings during the medical review panel process. This does not include the time it takes once a state court action is filed.
After the medical review panel renders its opinion, the case will be reviewed again. We may talk to the medical review panel members, physicians, any consultants working on the case and, of course, you and make a decision about what to do next. Depending on Court congestion, it can take an additional 1-3 years before your case can go to trial.
Attorney fees are charged on a contingency fee basis. That means that if we are not successful in your case, you owe us nothing. Generally, once we have agreed to represent you, we will pay all litigation expenses, which can range in the thousands of dollars. If we are unsuccessful you do not have to repay any of the litigation expenses. However, if we are successful we will receive our attorney fees and litigation expenses. The issue of attorney fees and litigation expenses are contained in a written Contingency Fee Agreement which must be signed by any client before the firm undertakes to represent them in a medical malpractice case. The contingent fee agreement is the exclusive document that governs the payment of attorney fees and litigation expenses.
Although you are not legally required to hire an Indiana medical malpractice attorney when filing a claim, medical malpractice claims are complicated and require special expertise. Medical malpractice lawyers often have access to medical experts and other important resources that can significantly improve your chances of winning your claim.
The statute of limitations for medical malpractice cases in Indiana is generally two years from the date the incident occurred. Exceptions exist. Different deadlines may apply in cases involving children or people who discovered the medical negligence at a later date.
Should you ever have questions about your case please feel free to contact Langer & Langer’s Indiana medical malpractice lawyers. We are always happy to answer your questions and do what we can to help you.
Yes. For medical malpractice that occurred on or after July 1, 2019, the cap on damages is $1.8 million in Indiana.
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