Indiana Medical Malpractice: Guide to Filing A Claim

Indiana Medical Malpractice: Guide to Filing A Claim

When a healthcare provider makes a preventable medical error that should have been avoided, the consequences for the patient and their family can be devastating. While all states allow patients to seek justice through a medical malpractice lawsuit, the process in Indiana is particularly complex and requires adherence to specific procedures. Unlike traditional personal injury claims, Indiana’s Medical Malpractice Act requires a specific administrative process that must be completed before a lawsuit can be filed in court. Understanding this unique process is the critical first step in pursuing a viable medical malpractice claim and securing the financial compensation needed for ongoing care and recovery. If you are seeking to file an Indiana medical malpractice claim, knowing and following these steps is essential.

The Unique First Step: Filing with the Department of Insurance (IDOI)

The filing of the Proposed Complaint serves several vital functions:

1. Notice: It formally puts the defendant healthcare provider(s) on notice of the claim.
2. Tolling the Statute of Limitations: Crucially, filing the Proposed Complaint within the applicable statute of limitations stops the legal clock from running, preserving the claimant’s right to pursue the case against the named qualified healthcare providers. The statute of limitations remains tolled until 90 days (and in some cases longer) after the Medical Review Panel issues its opinion.

The Proposed Complaint should include the full names of the healthcare providers involved, the date(s) of the alleged incident, the county of venue, and a brief explanation of the alleged resulting injuries. It must be accompanied by a small filing fee ($5 for the first defendant, plus $2 for each additional defendant).  While this process may sound simple, it is highly advisable to obtain the assistance of a qualified medical malpractice attorney to ensure this procedure is properly followed.

Under Indiana’s Medical Malpractice Act, a medical malpractice case does not begin in a civil court. Instead, the process must legally commence by filing a Proposed Complaint with the Indiana Department of Insurance (IDOI). This initial administrative step is mandatory for claims exceeding $15,000 against a qualified healthcare provider.

Navigating the Mandatory Medical Review Panel (MRP) Process

The most distinct and time-consuming feature of most cases that fall under the Indiana Medical Malpractice Act is the mandatory Medical Review Panel (MRP) process. This pre-litigation review is typically required before a claimant can file an action in court (unless the parties mutually agree to waive it, which is rare).

Panel Composition and Selection

After at least 20 days have passed since the Proposed Complaint was filed, either party may request the formation of the MRP. The panel is comprised of:

• Three Healthcare Professionals: These members are typically from the same medical specialty as the defendant(s) and are chosen by both parties.
• One Attorney: This individual serves as the non-voting Panel Chairperson, whose role is to advise on procedure and ensure the process runs smoothly.

Discovery and Timeline

Once the case is filed, discovery—including depositions, written interrogatories, and requests for production of documents— can take place. Once the MRP is selected, both parties may submit comprehensive evidentiary packages to the panel, including medical charts, X-rays, lab tests, excerpts of treatises, and deposition transcripts.

While the Indiana Medical Malpractice Act suggests the panel should issue its expert opinion within 180 days of selecting the last member, the entire process, including discovery, panel selection, and review, often takes much longer to complete. This significant delay is one of the biggest challenges for claimants in Indiana.

The Panel’s Opinion

The Panel’s sole function is to issue a formal, non-binding written opinion addressing two critical questions:

1. Whether the defendant healthcare provider failed to meet the appropriate standard of care.
2. Whether that failure was a factor in causing the patient’s injury.

Many healthcare providers who are selected to serve on a medical review panel may be hesitant to render an opinion that is critical of a colleague or fellow healthcare provider.  Thus, a favorable opinion from the MRP is a strong indication that the case has merit and carries significant weight if the case ultimately proceeds to court.

Establishing the Four Elements of Malpractice in Indiana

To establish liability, whether before the Medical Review Panel or eventually in a court of law, a successful medical malpractice claim in Indiana requires proving four essential legal elements:

• Duty of Care: The healthcare provider had a professional obligation to treat the patient according to established medical standards.
• Breach of Duty (Negligence): The provider failed to meet the accepted standard of care—meaning they made a mistake or failed to act as a reasonably prudent professional would have in the same circumstances.
• Causation and Expert Testimony: There must be a direct link between the provider’s mistake (breach) and the patient’s resulting injury. This element almost always requires expert testimony from a qualified medical professional to establish both the standard of care and that the defendant’s breach directly caused the plaintiff’s harm.
• Damages: The patient must have suffered actual, compensable harm or loss, such as economic losses (medical bills, lost wages) or non-economic losses (pain and suffering).

Navigating Indiana’s Strict Statute of Limitations and Key Exceptions

Time is a critical factor in medical malpractice cases. Indiana’s statute of limitations is notoriously strict, running for two years from the date the alleged act of malpractice occurred.

While the general rule is unforgiving, there are limited exceptions:

• Minors Exception: For children under the age of six at the time of the malpractice, the claim must be filed before the child turns eight years old.
• Discovery Rule: In some limited circumstances, if the injury was not reasonably detectable within the two-year window, the statute may be extended to the date the injury was (or should have been) discovered.
• Fraudulent Concealment: If the healthcare provider intentionally deceived the patient or concealed critical information to prevent the patient from discovering the malpractice, the statute of limitations may be extended.

Due to the complexity of these strict timelines and possible exceptions, immediate consultation with a qualified medical malpractice attorney is highly advisable.

Understanding the Indiana Malpractice Damage Cap and PCF

Unfortunately, Indiana is a state with a statutory cap on the total amount of compensation a medical malpractice plaintiff can recover, regardless of the severity of the injury or the amount of medical bills that were required due to the malpractice. 

The cap is structured as a two-tiered system involving the healthcare provider’s primary insurance and the state’s Patient’s Compensation Fund (PCF). For acts of malpractice occurring today (after June 30, 2019), the total maximum recovery is fixed at $1.8 million. (See IC 34-18-14-3 for official limits.) In this two-tiered structure, the first $500,000 of the compensation comes directly from the healthcare provider or their insurance. Any awarded amount above that initial $500,000 is paid from the PCF, a state-administered fund maintained by surcharges paid by all qualified Indiana providers, up to the total $1.8 million cap. It is worth noting that the caps have increased over time; for instance, malpractice occurring between June 30, 2017, and June 30, 2019, was subject to a total recovery cap of $1.65 million, with the provider’s maximum liability set at $400,000.

What Happens After the Medical Review Panel Opinion?

The opinion issued by the Medical Review Panel is non-binding, meaning it does not automatically win or lose the case. However, it can be a pivotal moment:

• Favorable Opinion: If the panel finds for the claimant, the case gains immense leverage for settlement, and the opinion itself can be introduced as evidence in court.
• Unfavorable Opinion: If the panel finds against the claimant, additional steps may be needed in order to establish liability. The claimant can still proceed to court, but the unfavorable opinion may be used by the defense as evidence.

After receipt of the medical review panel opinion, the claimant may proceed with the case in state court.  The entire process, from initial filing with the IDOI to a potential jury trial, often spans several years due to the mandatory medical panel review.

Selecting a Qualified Indiana Medical Malpractice Attorney

Successfully navigating the IDOI system, managing the Medical Review Panel, and building a case that meets Indiana’s strict legal burden demands experienced legal representation. Look for an attorney who specializes exclusively in medical negligence, has a proven record before the MRP, and can skillfully manage the complex financial structure of the state’s compensation fund. Consulting an experienced medical malpractice lawyer in Indianapolis or elsewhere in the state is your most crucial step.

Conclusion

Filing a medical malpractice complaint in Indiana is a multi-stage process that requires meticulous attention to deadlines and a unique statutory procedure. If you believe you have been harmed by medical negligence, time is a critical factor. Consulting with a legal professional who concentrates on Indiana medical malpractice matters is a highly advisable first step to protecting your rights and securing the resources your family deserves.

The Powless Law Firm is an Indiana law firm that represents victims and families statewide in serious cases involving nursing home neglect, medical negligence, birth injury, personal injury, and wrongful death. If you have concerns about medical malpractice, please contact us at (877) 469-1951. Together we can make a difference.

The Powless Law Firm represents families across Indiana—from Indianapolis to Fort Wayne and Evansville—in cases involving birth trauma lawsuits, medical malpractice birth injury claims, and cerebral palsy lawsuits. As experienced medical malpractice attorneys in Indiana, we are here to listen to your story and help you find the way forward.

Call (877) 469-2864 now for a free, confidential consultation. There is no fee unless we win your case.