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  1. May 17, 2021 · Before 2017, the maximum medical malpractice award was $1.25 million. In 2017, that cap rose to $1.65 million. Now, as of 2019, the medical malpractice damage cap in Indiana is $1.8 million. As part of this cap, doctors only have to pay a maximum of $500,000 per claim; anything higher than that portion will be covered by the PCF.

  2. Indiana was the first state to pass medical malpractice reform legislation in 1975. Our law has repeatedly withstood constitutionality challenges, unlike laws in many other states that have been overturned. Indiana’s act caps total damages available to a patient for an act of malpractice at $1.25 million. The cap has been raised twice since 1975.

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  3. Jul 21, 2022 · The PCF covers some of the expenses of larger claims in malpractice cases using the fees excised from the insurance policies carried by physicians and hospitals. The medical malpractice damage cap has been raised over the last five years. The maximum award was set at $1.25 million for many years, and in 2017 it was increased to $1.65 million.

  4. The healthcare provider’s contribution is capped at $250,000. If the patient’s damages exceed this amount, they may recover up to an additional $1 million from the state of Indiana. Since 1975, as part of the Indiana Medical Malpractice Act, the state of Indiana has operated the Patient’s Compensation Fund (PCF) in an attempt to keep ...

  5. Feb 14, 2023 · However, not all physicians are covered. Physicians must obtain their own insurance to cover the initial $250,000 in liability. They must also pay a preset surcharge before the PCF will cap their damages and cover additional costs up to the maximum of $1,250,000. How to File a Medical Malpractice Lawsuit

  6. Feb 15, 2024 · Physician surcharges increased by 1.8% in 2018 before decreasing 10.9% in 2019. The rate didn’t change in 2020, decreased by 1.65% in 2021, and then remained unchanged in 2022 and 2023. Hospital surcharges increased by 9.9% in 2018, decreased 12.3%, 2.5% and 2.1% in 2019, 2020 and 2021 respectively, then remained unchanged in 2022 and 2023.

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  8. Jun 5, 2017 · The first amount is the discounted primary liability cap (i.e., the amount a medical provider can typically pay to resolve a case by settlement). Currently, that amount is set at $187,001. The second amount is the maximum primary liability cap, which is the maximum liability for an individual health care provider (whether paid as a cash settlement or in response to a verdict at trial).

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