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Indiana Medical Malpractice Insurance

In most cases medical malpractice insurance premiums decreased for Indiana physicians in recent years. With the continuing rate decreases in The Hoosier State it's important to ensure you are not overpaying for your Indiana medical liability insurance. Submit your quick and easy quote request today and see if there is a better rate available. It could end up saving you important money on the amount you pay for medical malpractice insurance.

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Benefits to Indiana Doctors

  • "A" Rated Carriers. Compare rates to get the best coverage at the most affordable price.
  • Discounts Available – New to Practice Discounts. Claims Free Discounts.
  • Switch Anytime - you do not need to wait until your renewal date.
  • Top-Rated Advice and assistance for doctors with claims. Don't let prior claims or frivolous lawsuits prevent you from practicing medicine in Indiana.
  • Top-Rated advice and assistance for doctors relocating to Indiana.
  • As the medical field continually evolves many physicians now have unique or very specific liability coverage requirements. Let a licensed medical liability consultant experienced in the Indiana market work with you to tailor a policy to your individual liability needs.
  • A free quote could save you money today.

Indiana Medical Malpractice Insurance Rates

Coming soon - the latest Indiana medical malpractice insurance rates.

Indiana runs a patient compensation fund. Individual physicians must carry $250,000 / $750,000. The compensation fund provides $1,000,000 for each claim over the physician's underlying coverage with no aggregrate.

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Indiana Medical Liability Insurance - The Background

In 1975, Indiana became the first state to enact comprehensive medical malpractice tort reform with its Indiana Compensation Act for Patients (INCAP), presently called the Indiana Medical Malpractice Act. It has since been a model for other states because the legislation has stabilized medical liability insurance premiums as well as successfully capped damage awards and withstood challenges of constitutionality.

The Indiana General Assembly enacted the Act in response to its perceived crisis in Indiana’s healthcare system. The Legislature cited the following as some of its reasons for pursuing medical liability reform:

  • seven of the 10 companies writing the majority of the medical liability insurance policies in the state had ceased or limited writing those policies due to the inability to adequately calculate premiums.
  • premiums had increased as much as 1,200 percent during a fifteen year period due to the frequency and size of claims.
  • physicians in high risk practices were having difficulty finding insurance coverage.
  • surgeries in some rural areas were being cancelled.
  • emergency services at some hospitals were being discontinued.
  • many healthcare providers were fearful of financial exposure and were unable to get coverage for medical malpractice claims at an affordable price.

In response to the points noted above, the Legislature decided to cap damage recoveries in medical malpractice cases so that Indiana malpractice insurance rates would not continue to rise at an astronomical pace, making malpractice insurance more affordable and thus more available, thereby reducing the cost of practicing medicine and improving access to healthcare.

Perhaps most significant to the stabilization of medical liability rates in the state of Indiana is that the cap on damages has survived constitutional challenges before the state’s Supreme Court. In Johnson v. St. Vincent Hospital Inc., the Court found that the cap on damages did not violate the Indiana Constitution’s Equal Privileges Clause, Due Course of Law Clause or the Right to Trial by Jury.

Indiana's Patient Compensation Fund

Raised twice since 1975, Indiana law currently caps damage awards available to a patient at $1.25 million. Physicians are responsible for the first $250,000 in damages to any patient for one act of malpractice; the state Patient Compensation Fund (PCF) pays any excess, not to exceed $1 million—for a total of $1.25 million. The compensation fund ensures a guaranteed source of compensation for injured patients. Since July 1, 1999, the surcharge has been based on an average of actual rates for all physicians in the same specialty class or discipline according to the specialty’s risk to the PCF. It is also significant that plaintiffs’ attorneys are not entitled to receive more than 15 percent of any recovery from the compensation fund.

In addition to the cap on damage awards, the Indiana Medical Malpractice Act required that all claims against healthcare providers must first filed with the Indiana Department of Insurance and have their case evaluated by a medical review panel consisting of three physicians. If there is only one defendant, at least two of the three panelists must be from the defendant’s specialty. After the panel has issued its report, the patient can choose whether to proceed to court. The panel’s report is admissible, but not conclusive, and the panel members can be called as experts. The Legislature argued that this would reduce the number of frivilous claims as well as encourage the out-of-court settlement of those cases the review panel considered to be of merit. The review panel requirement provides for low cost experts and a low cost of litigation through the medical review panel process. Many, if not most, malpractice actions are resolved at the panel level.

Patients filing a claim of malpractice must do so within two years of the alleged incident of malpractice. Minors under the age of six, however, have until their eighth birthday to file suit. In limited circumstances, patients may be allowed to file after these time limits if the patient could not reasonably discovered the malpractice within the time limit.


By capping damages as well as requiring claims to be filed in a timely manner and pass the muster of a three-physician review panel, Indiana has been able to stabilize medical liability insurance premiums, thus fostering the goal of available healthcare for all the state’s residents. The Indiana State Medical Association has pointed out that because of INCAP, patients have had access to medical care unlike in other states where the malpractice liability crises has led to cutbacks in procedures and physicians retiring or relocating.

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