Indiana Birth Injury Lawyers
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Indiana Medical Liability/Malpractice Statutes of Limitation
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Ind. Code §34-18-7-1 et seq. Two years from act, omission, or neglect. Minors under age 6: until 8th birthday to file.
Indiana Medical Liability/Medical Malpractice Laws
Damage Award Limit or Cap
§34-18-14-3. The total amount recoverable may not exceed $500,000. A health care provider is not liable for an amount in excess of $250,000 for an occurrence of malpractice.
Limits on Attorney Fees
§34-18-18-1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff's claim, the plaintiff's attorney's fees from any award made from the patient's compensation fund may not exceed 15 percent of any recovery from the fund.
§34-18-14-1 et seq. Permitted.
§34-18-15-2. Notwithstanding IC 34-18-6, the commissioner may: (1) discharge the possible liability of the patient's compensation fund to a patient through a periodic payments agreement (as defined in IC 34-18-14-2); and (2) combine money from the fund with money of the health care provider (or its insurer) to pay the cost of the periodic payments agreement with the patient (or the patient's estate). However, the amount provided by the commissioner may not exceed 80 percent of the total amount expended for the agreement.
Patient Compensation or Injury Fund
§34-18-6-1 et seq. Patient’s Compensation Fund
§34-18-5-1 et seq. Surcharge to fund Patient’s Compensation Fund
§34-18-15-1 et seq. Payment from the Patient’s Compensation Fund
Medical or Peer Review Panels
§34-30-15-1 et seq. Privileged communications of health care provider peer review committees