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Patient Challenging Laws on Medical Malpractice in Indiana

Posted on Jun 09, 2011

June 9, 2011 – Indianapolis, Ind. – A doctor diagnosed with terminal cancer is challenging laws governing medical malpractice in Indianaaccording to WRTV Indianapolis’ Channel 6. Scott Hubbard has been diagnosed with stage 4 melanoma and may only have months to live.

Doctors have told Hubbard that he could have been easily treated if he had been correctly diagnosed when he had a biopsy in 1999. The doctor responsible for the misdiagnosis has since passed away.

Physicians in Indiana are only liable for up to $250,000 for a medical malpractice claim
. Larger awards are paid out of the Indiana Patients’ Compensation Fund, which doctors must pay into to defray the burden on insurance companies for million-dollar malpractice judgments.

According to the Indiana state law, patients may only recover a maximum award of $1.25 million
. While Hubbard decries the law as unfair, citing nearly $5 million in medical expenses, lost wages, and decreased earning capacity, other doctors have praised the law for providing “stability” to medical practitioners.

Indiana State Representative Dr. Tim Brown, a Republican from Crawfordsville, also praised the law, citing that more doctors per capita live in the state as a result.

Under the law, if a patient wants to file claim for medical malpractice in Indiana, he or she must present their case to a medical review board of three doctors and a non-voting attorney. Since 1975, medical review panels have rejected 64% of medical malpractice claims.

The Indiana Patients’ Compensation Fund website reveals the malpractice history of physicians.

A Helping Hand from an Indianapolis Malpractice Attorney

When you have complications with your medical malpractice claim, an Indianapolis malpractice attorney can help you to alleviate some of the stress and anxiety associated with a case like yours. In order to get back on track with your malpractice claim, order a copy of our FREE book, Consumer’s Guide for Injured Victimsand then contact an Indianapolis malpractice attorney at the Hensley Legal Group for a no-cost consultation – 888-505-8232.