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July 2024 Newsletter

COVID-era pandemic protection law put to the test in Indiana An Indiana law that offered protections for health care responders and facilities confronting the COVID-19 pandemic was tested earlier this month, as a challenge was mounted following an adverse outcome that...

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Current Medical Liability Laws

 

Damage Caps $1.25 million total cap for any act of malpractice that occurs after 6/30/1999 and before 7/1/2017. $1.65 million total cap for any act of malpractice that occurs after 6/30/2017 and before 7/1/2019. $1.8 million total cap for any act of malpractice that occurs after 6/30/2019.
Health care providers are not liable for more than:
• $250,000 for an act of
malpractice that occurs after 6/30/1999 and before 7/1/2017
• $400,000 for an act of malpractice that occurs after 6/30/2017 and before 7/1/2019; and
• $500,000 for an act of malpractice that occurs after 6/30/2019.
Any amount awarded in excess of the total liability of a health care provider is paid through the Patient Compensation Fund.
Joint Liability Reform Several liability for all but governmental entities and health care providers.
Collateral Source Reform Yes. Trier of fact shall consider collateral sources of payment when determining award and court shall consider when reviewing awards that are allegedly excessive. Evidence of life insurance or other death benefits; benefits paid by claimant or family; or payments made by state or U.S. prior to trial shall not be considered collateral sources of payment.
Attorney Fees Limited Yes. The plaintiff’s attorney’s fees may not exceed, for an act of malpractice committed: (1) before July 1, 2017, fifteen percent (15%) of any recovery from the Patient Compensation Fund; and (2) after June 30, 2017, thirty-two percent (32%) of any recovery.
Periodic Payments Permitted None