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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Ann Marie Waldron and Brandon Tate obtained a $850,000 Marion County jury verdict for a client who slipped and fell at a pool, injuring her shoulder.

Ann Marie Waldron obtained a $1 million Kosciusko County jury verdict for a client who was injured in a motor vehicle collision involving a semi-truck.

Ann Marie Waldron and Brandon Tate negotiated a $3.3 million settlement for a wrongful death involving a crane.

Kevin Bowen assisted individuals injured in car accidents, slip and falls, and other cases involving negligence across the state of Indiana receive compensation for their injuries.

Brandon Tate and Katie Piscione tried a case through verdict in the Southern District of Indiana as appointed counsel.

We are also happy to announce that Brandon Tate was awarded the 2021 Max Goodwin Young Lawyer of the Year Award by the Indiana Trial Lawyers Association. The honor is awarded to only one lawyer in Indiana each year for distinguished service to the citizens of Indiana and the United States as an outstanding young lawyer dedicated to protecting the rights of the injured under the laws of the State of Indiana and the United States of America.

Additionally, Ann Marie Waldron was once again selected to the 2021 Indiana Super Lawyers list. Each year, no more than 5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Brandon Tate and Kevin Bowen were once again selected to the 2021 Indiana Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

In its first year, WTB continued to grow. This year, WTB added four new employees including a receptionist, a legal assistant, an associate attorney, and a law clerk. We also expanded our offices to three floors. Additionally, WTB added the state of Illinois to our practice states and are looking to continue growth into other states in the future.

While there were many challenges associated with expanding a firm during the COVID-19 pandemic, we could not be happier with the successes we achieved in our first year. We look forward to many more years of successful advocacy for our clients.

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