As a general rule, Indiana common law uses the comparative fault doctrine for negligence actions. However, Indiana’s adoption of the comparative fault doctrine specifically excluded “actions against qualified healthcare providers for medical negligence.” Instead, the doctrine of contributory negligence applies to actions for medical negligence against qualified healthcare providers. A plaintiff’s contributory negligence operates as…

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Medical Malpractice is defined as “a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.”  The total amount recoverable depends on the year the claim accrued. Further, Indiana’s Medical Malpractice Act provides for a cap…

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Indiana law provides some protections for those who furnish health care in response to a disaster emergency declared by the governor, as Governor Eric Holcomb did to address the current COVID-19 pandemic.  As news reports have made clear, our medical personnel and facilities have been faced with treating unanticipated numbers of patients for a new…

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