The Indiana Medical Malpractice Act requires that all allegations of negligence against qualified health care providers, be reviewed by a panel of three doctors before a lawsuit can be filed. The panel review process is defined by Indiana Code § 34-18-10-22:

The panel has the sole duty to express the panels expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standard of care as charged in the complaint.

The panel members review information submitted by the parties and then renders (in writing) one or more of the following expert openings:

The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the complaint.

The evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the complaint.

There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury.

The conduct complained of was or was not a factor of the resultant damages. If so, whether the plaintiff suffered:

Any disability and the extent and duration of the disability; and any permanent impairment and the percentage of the impairment.

This opinion is admissible in evidence and will be used in support of the health care providers motion for summary judgment.

In addition to the panel process, the Indiana Medical Malpractice Act provides for limitations on recovery, which have been constitutionally upheld. For acts of malpractice committed after July 1, 1999, the limit is $1,250,000.00. The qualified health care provider is responsible for the first layer of coverage in the amount of $250,000.00. A plaintiff who obtains a "qualified" settlement may petition the Indiana Department of Insurance for "excess" damages. Where damages are disputed, trial is to the judge.

MEDICAL MALPRACTICE IN INDIANA

A high degree of legal expertise, a medical background, access to effective medical experts and careful screening are essential ingredients to successfully litigating medical malpractice cases in Indiana. Despite significant procedural obstacles imposed by the Indiana Medical Malpractice Act, including a review by a medical review panel, we have achieved substantial and timely recoveries to deserving clients.

In general, the statute of limitations in Indiana is two years. However, there are special circumstances and other factors that affect the length of time you have to file a legal action. If you believe that you are a victim of malpractice it is imperative that you call us as soon as possible so that you do not lose the right to pursue a claim because time has run out.

Mary has represented health care providers, the Indiana Department of Insurance and victims of medical negligence.  She fosters an attorney-client relationship based on open communication and active participation by the client.

Mary has successfully defended physicians and the Department of Insurance. She has served as panel chairperson. She has successfully represented plaintiffs before the Indiana Department of Insurance. As a nurse attorney, Mary has the medical knowledge to evaluate and manage medical negligence claims.

If you believe you have been the victim of medical negligence, please email or call me.