Indiana Malpractice Law: What You Need to Know [2019]

Published in

Midwest Law

5 min readJul 31, 2019

What is the Indiana Malpractice Law?

Hospital negligence in the State of Indiana is governed primarily by the Indiana Medical Malpractice Act. If you’re looking to file a case in Indiana you’ll have to know a little about the Indiana Malpractice Law. Thankfully we’ve made a guide just for you.

Indiana Medical Malpractice Act | Explained in Detail

Most negligence cases against a hospital or any of its employees fall under the Indiana Medical Malpractice Act. These employees can range from surgeons, physicians, nurses, residents, and pharmacists.

Indiana measures negligence in it’s own way. By comparing standard of care a reasonable health care provider who is acting under the same or similar circumstances. In order to prove medical negligence on the part of a health care provider, the victim must prove that the provider breached the applicable standard of care. Or what proximately resulted in his or her injuries and damages.

In order for an injured plaintiff to meet his or her high burden of proof, the injured plaintiff will usually need to introduce the testimony of another health care provider who can establish the breach element. The whole process can end up being really difficult for a victim. Imagine having a heart surgery and the something goes massive, negligently wrong. You get a lawyer and pursue the case for damages right? No. First you have to find a whole other heart surgeon. Bring in all of your medical records and hope that he sees the same negligence. If he agrees that your injury was negligence, now you have to convince him to testify against the first heart surgeon. That is a lot of leg work before that case can actually go through.

What if it was Partially Your Fault? Indiana’s Got Your Back

In ordinary Indiana negligence cases, a pure comparative fault standard applies. This means that if the jury were to conclude that the injured plaintiff was 50% or less at fault, he or she can still recover injuries and damages. However, pursuant to the case of King v. Clark, 709 N.E.2d 1043, 1046 (Ind. Ct. App. 1999) contributory negligence on the part of an injured plaintiff is a complete bar to his or her recovery of monetary compensation and legal damages.

Moreover, in the medical malpractice and hospital negligence contexts, the injured plaintiff has a duty to exercise reasonable care and provide health care providers, including surgeons and nurses, with complete and accurate medical histories and information. Smith v. Hull, 659 N.E.2d 185, 191 (Ind. Ct. App. 1995). This puts more pressure on the victim than the doctor to provide accurate proof. This can make sense for preventing frivolous lawsuits but it also puts all of the legwork on the victim.

Statute of Limitations | How Long Do You Have

In hospital negligence and other Indiana medical malpractice cases, a lawsuit must ordinarily be filed within two years of the date of the alleged “act, omission, or neglect.” However, this two-year deadline does not apply in cases where latent medical conditions are not readily discoverable.

Pursuant to the case of Van Dusen v. Stotts, №03S00–9711-CV-631, 1999 WL 463489 (Ind. July 8, 1999). Indiana falls in line with most states on statute of limitations. In case you find out years later you have a medical condition, you’ve got two years to go to court (from date of discovery) and two years from when your injury should have reasonably been discovered.

Indiana Medical Malpractice Settlements | How Much Your Case is Worth

When it comes to Indiana Medical Malpractice settlements, there can be a lot of complications. First of all there is a cap on how much you could settle your case for. If you are recovering from a more minor injury the 2 million cap might not be so bad. But if someone has died, that cap can be restrictive.

Because of this cap on Indiana medical malpractice settlements a lot of victims end up settling outside of court which saves the victim money on the court costs and keeps the hospital out of the public eye.

When You Might Need an Attorney

Medical malpractice and hospital negligence occurs on a daily basis under a variety of circumstances. Not only do hospital surgeons, physicians, nurses, residents, and pharmacists make mistakes, but hospital supervisors and administrators may also be partially — or wholly — to blame for a plaintiff’s resulting injuries and damages.

Medical malpractice by health care providers and treating facilities, including hospitals and urgent care facilities, is a serious problem. The Indiana Medical Malpractice Act and supporting case law provide a legal basis for monetary compensation and recovery in these cases. If you or someone you love has been injured as a result of a health care provider or hospital’s negligence, you may be entitled to compensation and monetary recovery under Indiana law.

If you have been injured as a result of a health care provider or hospital’s negligence, you may be entitled to monetary compensation under Indiana law.

Summary of Indiana’s Malpractice Law

The Indiana act puts a cap of $1.25 million on damages a victim of malpractice can collect (this has been raised twice since 1975). The medical professional is only responsible for the first $250,000 for one act of medical malpractice and no more than $750,000.

Originally published at https://dgmslaw.com on July 31, 2019.