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Do you have questions about your rights under the Indiana Patient’s Compensation Fund (PCF)? Understanding the ins and outs of the PCF can be challenging, especially when you’re dealing with the aftermath of a medical malpractice injury. Whether you’re unsure whether you qualify for the fund or need help with a medical malpractice case, having the right support is essential.
At the Law Office of Kelley J. Johnson, we focus exclusively on medical malpractice cases. We have handled many claims involving the Indiana Patient’s Compensation Fund. With nearly 20 years of experience, Kelley and her dedicated team understand the unique aspects of the PCF and how to effectively pursue claims within this system.
We have successfully secured millions in verdicts and settlements for Indiana patients. We’re committed to demanding the justice and compensation you deserve. When you choose our law firm, you will work directly with Kelley and her professional staff, who will treat you with compassion and respect.
Don’t face the challenges of handling a PCF claim alone. Contact the Law Office of Kelley J. Johnson today for a free consultation.
What Is the Indiana Patient’s Compensation Fund?
The Indiana Patient’s Compensation Fund is a state-run program that provides extra financial protection to patients who experience bodily injury due to medical malpractice. The fund aims to ensure that patients receive compensation when they suffer personal injury due to healthcare provider negligence. It acts as a safety net, covering any costs that go beyond the policy limits of a healthcare provider’s malpractice insurance.
When a patient files a medical malpractice claim and wins, the healthcare provider’s insurance pays the settlement or judgment. If the award amount exceeds the provider’s insurance coverage, the PCF covers the remaining balance up to a separate statutory damages cap.
Healthcare providers in Indiana can participate in the PCF by paying a surcharge as part of their malpractice insurance premiums. This system encourages accountability in the healthcare field while ensuring that patients receive the compensation they deserve.
Doctor Rules, Responsibilities, and Benefits Under the Indiana Patient’s Compensation Fund
Under the Indiana Patient’s Compensation Fund, doctors must meet specific requirements to qualify for its benefits. To become a “health care provider qualified” under the PCF as defined by Indiana Code Section 34-18-3-2, a doctor must file proof of financial responsibility with the state’s commissioner. This proof typically involves maintaining malpractice liability insurance. Doctors must also pay an annual surcharge, which contributes to the PCF and varies based on their specialty and the actuarial risk they pose.
Doctors who qualify gain significant protection under the PCF. First, the PCF caps a healthcare provider’s liability for malpractice at $500,000 per claim. If a court or settlement awards an amount exceeding this cap, the PCF covers the remaining balance, up to $1.8 million. This limitation significantly reduces the financial risk doctors face in medical malpractice cases, providing a clear benefit to those who qualify.
The PCF also extends its protection to the employees and agents of qualified providers. According to Indiana Code Section 34-18-3-3, these individuals can also qualify under the fund if providers name them in the proof of financial responsibility documents they file and pay the necessary surcharge. This rule ensures that entire healthcare teams can benefit from the fund’s protections.
Doctors must maintain their malpractice insurance to continue receiving the benefits of the PCF. Overall, the PCF provides doctors with financial protection while also encouraging them to maintain high standards of care. By participating in the fund, doctors protect themselves from excessive liability and contribute to a system that ensures compensation for patients affected by medical malpractice.
Eligibility Criteria to Use the Indiana Patient Compensation Fund
Claimants must meet specific eligibility criteria to use the state patient’s compensation fund. These requirements aim to ensure that the system handles claims fairly and that the fund provides financial support for legitimate medical malpractice cases.
The injured party must submit a proposed complaint to a medical review panel before filing a lawsuit in court. This panel reviews the case and provides an opinion on whether the healthcare provider committed malpractice. Indiana medical malpractice victims cannot pursue PCF court actions until the panel gives its opinion, except in specific situations where all parties agree in writing to bypass the review panel. If the parties reach such an agreement, the claimant must attach the written settlement agreement to the court complaint to proceed.
There are exceptions to the medical review panel requirement. For claims where the claimant seeks $15,000 or less in compensation, they may file a lawsuit directly without presenting the case to a medical review panel. However, if the claimant later realizes that the injury is more severe and their compensable losses exceed $15,000, they can ask the court to dismiss the action without prejudice. They must do this within two years of filing the original lawsuit. After the dismissal, the claimant can submit the complaint to the medical review panel and pursue a claim demanding higher compensation in court.
Another important criterion involves the timing of the claim. Indiana law sets a two-year deadline from the date of the alleged malpractice. This deadline applies to both minors and adults, though minors younger than six have until their eighth birthdays to file. Once a claimant files a proposed complaint, the countdown toward the deadline pauses or “tolls” until 90 days after the claimant receives the medical review panel’s opinion.
A claimant may also commence a medical malpractice action while the medical review panel considers their proposed complaint. However, the trial court cannot take any significant action, such as setting a trial date, until the panel process concludes. Any complaint the claimant files in court during this period must not contain any identifying information about the defendant. The court will add this information once the medical review panel process is complete.
Contact a Medical Malpractice Lawyer with Experience with the Indiana Patient’s Compensation Fund
If you or a loved one has suffered harm due to medical malpractice in Indiana, it’s time to take action. The Law Office of Kelley J. Johnson can pursue the compensation you deserve from the negligent healthcare provider’s insurer and Indiana’s Patient Compensation Fund. Contact us today for a free initial consultation, and let’s work together to hold negligent healthcare providers accountable.
