Health Justice Transformation - Indiana

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$1.25 million total cap for any act of malpractice. Healthcare providers are not liable for more than $250,000. Any amount in excess of $250,000 will be paid through the Indiana Patient Compensation Fund.

Joint Liability for Multiple Defendants

No. Defendants are jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, the court shall consider collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, Indiana law permits but does not require periodic payments.

Limitation of Plaintiff’s Attorneys Fees

Yes. Attorney may collect only 15% of the damages awarded under the Indiana Patient Compensation Fund.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Medical malpractice claims over $15,000 must be presented to a medical review panel prior to the commencement of the action of the court unless all parties execute a written waiver. The panel must present an expert opinion in writing as to whether the defendant(s) deviated from the standard of care and if that deviation resulted in the injury at issue. The panel must also find whether there is a material issue of fact, not requiring expert opinion, bearing on the liability of the defendant(s). The opinion is admissible but is not conclusive.

Standards for Expert Testimony/Witness

Plaintiffs may pursue a claim without expert witness testimony but it is usually required to establish the standard of care. The opinion of any member of the medical review panel is sufficient to establish a prima facie case for negligence, and the member may be required to testify at trial.