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Statute of Limitations

action must be brought within two years from the date of the alleged act, omission, or neglect - where the malpractice is not discovered within 2 years, the plaintiff has 2 years from discovery in which to file a claim.

Comparative or contributory negligence

Under the Medical Malpractice Act, contributory negligence on the part of the plaintiff invalidates any claim made.

Nature of accused's liability

All defendants in are jointly and severally liable.

Law of contribution

Contribution among joint defendants is forbidden in Indiana

Expert testimony standards

Expert testimony is necessary to establish what the standard of care is and whether the defendant has conformed to it, unless the issue of care is one commonly understood by lay persons

Limits on compensation

Damages are capped at a maximum of $1.25m

Limits on attorney fees

In cases brought through the Patient Compensation Fund, fees are capped at 15%. There is no cap for cases brought against unqualified providers.

Collateral Source rule enforced

Payments from collateral sources are admissible into evidence, except the following; payments from life inmsurance; benefits which the claimant paid for directly; compensatory payments from Federal or state resources prior to trial.

State and local health care providers immune from liabaility

State employees acting within the scope of their employment are granted immunity.

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability