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Indiana Medical Malpractice Insurance

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Cunningham Group is here for Indiana Physicians & Medical Professionals

We are Medical Malpractice Insurance Specialists helping physicians, medical professionals and medical groups across specialties get medical malpractice coverage at cost-effective rates – as well as providing valuable tools and resources.

EXPERIENCED
Founded in 1947, our experienced liability specialists will customize a policy to the specific needs of you and your practice.
PHYSICIAN DISCOUNTS
Get all the physician discounts you are entitled to, including: Risk Management, Claims-free and New to Practice.
PRIOR ACTS COVERAGE
We ensure you receive Prior Acts, so you avoid purchasing separate tail malpractice coverage.
HISTORIC MED-MAL RATE DATA
We publish historic rate data for every county in the State, in partnership with the Medical Liability Monitor – the nation’s leading independent source of Medical Liability Insurance and healthcare industry news.
FREE TOOLS & RESOURCES
Access to ALL MD, our network of Connecticut healthcare defense lawyers. Free Practice Tools, including Online Patient Satisfaction Survey System and Risk Management tools.
CUSTOMER SERVICE
Experience excellent customer service with our dedicated account team.

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Understanding the Med-Mal Market in Indiana

What Indiana Physicians Need to be Aware of:

The cost of medical professional liability insurance in Indiana is moderate — very moderate when compared to neighboring states. The state’s enviable malpractice insurance rates can be attributed to the Indiana Compensation Act for Patients (INCAP) of 1975.
The year 1975 is widely recognized as the most tumultuous year in the history of the medical liability industry. At the time, medical malpractice insurance rates were skyrocketing, claims frequency was escalating and a number of insurance companies announced they intended to terminate malpractice liability coverage in a number of states. The ever-increasing likelihood of litigation was threatening access to healthcare, and there was becoming a shortage of physicians practicing high-risk specialties. Doctors began striking in order to draw attention to the problem, curtailing and even closing their practices.
Indiana was the first state to legislate tort reforms with the intent of reducing the financial burden of medical malpractice coverage on its physician workforce. According to those that wrote the legislation, the overriding goal was to create a system where injured patients are fairly compensated while medical malpractice insurance rates are kept at a cost that does not overburden the state’s healthcare workforce. At the heart of INCAP’s success has been its cap on non-economic damages and its patient compensation fund.
Non-economic damage caps are effective by increasing the actuarial predictability of future medical malpractice awards and settlements, decreasing the cost of medical malpractice insurance because there is no need to keep reserves necessary in the case of a “jackpot” jury verdict. The Indiana non-economic damage cap has been adjusted twice in the last 35 years, currently standing at $1.25 million. In Indiana, a healthcare worker is only liable for the first $250,000 of an award; the next $1 million is paid from the state’s patient compensation fund.
A patient compensation fund is a state-established liability funding mechanism, providing medical malpractice coverage in excess of the primary insurance requirements of the state’s healthcare workers. In the case of Indiana, that primary requirement is $250,000 worth of malpractice insurance. Nearby states like Illinois, Michigan and Ohio have no patient compensation fund and require their healthcare workers to carry at least $1 million in malpractice insurance. The patient compensation fund arrangement protects Indiana doctors from paying the exorbitant insurance rates found in neighboring states.
In addition to setting a non-economic damage cap and establishing the state’s patient compensation fund, INCAP set a two-year statute of limitations from the date of the alleged medical malpractice. Children age six and under have until their eighth birthday to file a medical malpractice lawsuit. It also mandates that a plaintiff’s attorney may receive any reasonable amount from the first $250,000 of any verdict or settlement, but no more than 15 percent of the amount obtained by the patient compensation fund.
In order to initiate a medical malpractice action, INCAP requires that patients must first file a complaint to the Indiana Department of Insurance and have their case approved by a panel of three medical experts unfamiliar and unaffiliated with the case. Two out of three of the medical experts must share the specialty of the physician who is being sued. The panel’s report is admissible in court if the lawsuit moves forward. This INCAP stipulation is intended to weed out any frivolous lawsuits before they make it to trial.
Indiana has an enviable medical liability climate with medical malpractice premiums that are considered inexpensive when compared to neighboring states. For this reason, it is important to a physician’s business success to work with an experienced medical malpractice insurance broker. An experienced broker will be able to shop your coverage amongst all the major insurers writing policies in Indiana for the best terms at the best rate. When an experienced broker shops your coverage, the insurance companies compete for your business.
Don’t wait – request your free Indiana Medical Malpractice Insurance quote now.
This write-up of Indiana was put together by Michael Matray, the Editor of the Medical Liability Monitor

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