Healthcare providers can choose to be covered by the Indiana Medical Malpractice Act by becoming a “qualified healthcare provider.”  All that is required to be a “qualified provider” is the purchase of a particular insurance policy and payment of a surcharge to the Patients Compensation Fund.  As of July 1, 2019, the policy must be in the amount of $500,000.00.  The surcharge, which varies by specialty and provider, helps to fund an additional $1,300,000.00 in coverage.  If a provider is a qualified provider, a patient’s recovery is capped at $1,800,000.00 – no matter the amount of the damages.  If a provider chooses not to purchase the minimum insurance, there is no cap on damages and the other protections of the Indiana Medical Malpractice Act do not apply.

To recover for medical malpractice in Indiana, a patient must show that a medical provider violated his/her standard of care to the patient and that violation caused harm to the patient.  Generally, the lawsuit must be brought within two (2) years of the date of the malpractice with very limited exceptions.  Unlike other types of lawsuits, a patient cannot immediately file a lawsuit against the healthcare provider.  Instead, the patient must file a claim with the Indiana Department of Insurance alleging malpractice. Following the filing of this claim, a medical review panel of three (3) doctors is then selected to review the claim.  Both the patient and the healthcare provider(s) submit evidence to the panel, who then review the claim and issue an opinion.  This, however, is not the end of the claim.

Once a review panel opinion is issued, regardless of the decision of the panel, the patient can then file a claim in a state court.  If the medical review panel found no malpractice, a patient must submit an expert opinion from a similar provider, stating that the expert disagrees with the panel opinion and that he/she believes that the healthcare providers conduct was below the standard of care.  Once that occurs, the case can continue in state court.

Medical malpractice cases are highly specialized and, unlike many other court cases, require specific, expert opinions.  If you believe you have been harmed by medical malpractice, you should contact an attorney who specializes in this area of law to help you navigate this complex process.

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Bad faith on the part of ones insurance company can come about in a variety of ways.  The Indiana Supreme Court in Erie Ins. Co. v. Hickman, identified some of these ways, albeit not in an exhaustive list.  622 N.E.2d 515, 519 (Ind. 1993) (“The obligation of good faith and fair dealing with respect to the discharge of the insurer’s contractual obligation includes the obligation to refrain from (l) making an unfounded refusal to pay policy proceeds; (2) causing an unfounded delay in making payment; (3) deceiving the insured; and (4) exercising any unfair advantage to pressure an insured into a settlement of his claim.”).  Another scenario in which bad faith may arise is a refusal by ones insurance company to defend them.  There are many more scenarios in which a bad faith claim may arise, and if you feel that your insurance company may
have wronged you, contact Tate & Bowen LLP for a free consultation.

These obligations do not mean that an insurance company cannot, in good faith, deny or dispute your claim.  An insurance company’s denial or dispute of your claim needs to have a rational basis, even if the denial was made in error, unless significant errors are present.  A wrongful denial alone does not impute bad faith unless there was no rational basis. Recovery may be sought against your insurance company if they failed to act in good faith through compensatory and punitive damages, making recovery against your insurance company potentially in excess of the policy limits depending on the nature of your insurance company’s actions.

In addition to a claim of bad faith, there is a separate claim of breach of contract that may exist if your insurance company breaches your contract with them.  If you have a insurance contract, and
your insurance company breached it, whether through a denial of your claim or a refusal to defend you among other things, you may have a separate claim for breach of contract even if the insurers conduct did not equate to bad faith.  For assistance in determining whether you have a claim for breach of contract, contact Tate & Bowen LLP for a free consultation.

To schedule a free consultation, fill out our Free Consultation form, or call us at (317) 296-5294

DISCLAIMER: All information included in the above blog is solely for informational purposes. The information above does not create an attorney/client relationship and should not be interpreted as legal advice. Seek legal advice on the topic before relying on any information contained herein, as laws change and the information may be out-of-date.

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