As one of the first states in the nation to implement statewide medical malpractice reform and the first to establish a state Patient Compensation Fund via the Medical Malpractice Act of 1975, Indiana
has seen significant improvement in the areas of medical malpractice insurance rates and patient access to care since the passage of reform legislation. This law, passed in response to the withdrawal
of all but two liability carriers from the state of Indiana between 1970 and 1975 and the average premium increasing by 410 percent annually, has provided a more stable medical liability climate over
the past several decades.
Top 6 Carriers in Indiana for Medical Malpractice Insurance:
- Medical Protective Company
- Clarian Risk Retention Group
- State Farm Fire and Casualty Co
- Cincinnati Insurance Company
- Indiana Residual Malpractice Insurance Authority (IRMIA)
Patient Compensation Fund:
The Indiana Patient Compensation Fund was established by the Medical Malpractice Act in the state and functions as an excess layer of coverage for each enrolled or “qualified” provider and also provides a cap
on recoveries. Enrollment is voluntary in Indiana and requires payment of an enrollment surcharge to the Fund and proof of underlying coverage. Individual providers are required to carry primary
medical malpractice insurance of $400,000 / $1,200,000 (increased effective July 1, 2017 from the previously required limits of $250,000 / $750,000) and facilities generally must carry $400,000 / $8,000,000
(also increased effective July 1, 2017 from the previously required limits of $250,000 / $5,000,000). The Fund will pay amounts exceeding the primary layer up to $1,000,000, capping total liabilities per claim
at $1,650,000. All cases must pass through a medical review panel prior to being heard in court.
Statute of Limitations:
2 years, except for minors under the age of 6 (until 8th birthday to file) and certain exceptions made for previously unknown injuries discovered after two years.
For suits brought against qualified providers (providers enrolled in the State patient compensation fund), contributory negligence on behalf of a patient is a valid defense and can preclude any potential
recovery. However, in instances where the defendant in question is not a qualified provider, a patient’s contributory negligence must exceed 50 percent of the total fault in order to prohibit recovery.
Joint and Several Liability:
In claims brought against qualified providers (providers enrolled in the State patient compensation fund), defendants are considered jointly and severally liable as qualified providers fall outside of
the scope of the Comparative Fault Act. For defendants covered by the Act, proportional liability is allocated based on each defendant’s respective fault and judgments are granted accordingly.
Indiana allows a facility to be held liable for the negligence of an independent contractor under the theory of apparent agency. In instances where the negligent party is a qualified provider and working
as an agent or employee of another qualified provider, only one damage cap is available for recovery, rather than one for each defendant.
There is a cap on recoveries against qualified providers of $250,000 for the provider and an additional $1,000,000 in excess provided by the patient compensation fund with the ultimate cap culminating
at $1,250,000. There is no cap on damages for unqualified providers.
Limitation on Attorney’s Fees:
For cases brought against qualified providers, attorney’s fees cannot exceed 15% of award amount. No cap exists for non-qualified providers.
Indiana Medical Malpractice Insurance Rates - Top 15 Specialties
Undiscounted State Filed Rate Data averages across all territories for $250K / $750K limits
* Please note that the above rates are state filed rates. It is not
uncommon for Gallagher Healthcare clients to receive up to 50% or more in discounts
from state filed rates. Please Request a Quote to receive a custom premium indication.
|Specialty||Average Rate||Min Rate||Max Rate||Count
|Family Practice No Surgery||$6,350||$4,486||$8,239||3367
|Internal Medicine No Surgery||$6,350||$4,486||$8,239||1706
|Pediatrics No Surgery||$5,430||$4,038||$6,731||920
|Radiology - Diagnostic||$7,711||$5,991||$9,719||814
|Obstetrics and Gynecology Major Surgery||$27,544||$17,943||$37,843||732
|Orthopedic Surgery No Spine||$17,547||$12,336||$26,742||468
|Cardiovascular Disease Minor Surgery||$9,867||$8,239||$11,940||402
|Ophthalmology No Surgery||$4,384||$3,364||$5,384||353
|General Practice No Surgery||$6,350||$4,486||$8,239||317
|Pathology No Surgery||$6,158||$4,486||$8,239||316
Rate Range by Specialty
This chart compares the range of possible state filed medical malpractice premium rates by admitted markets and a few Gallagher Select markets broken out by the top 15 specialties in Indiana.
USA Ranking Map
The map below provides a visual display of the nation and compares what a typical primary care physician might pay compared to each individual state and county. This research is based on the average rate for a single specialty, the most common limits in that state, and the mature claims made premium. The darker the blue, the higher the average premium, see how Indiana compares to other states.