Indiana's Malpractice System: No-Fault by Accident?

Ten years of experience with medical malpractice tort and insurance reforms in Indiana are reviewed, with concerns about whether the reforms promote the interests of providers and insurers over those of claimants.

Abstract

This article reviews Indiana's ten years of experience with medical malpractice tort and insurance reforms. Indiana's malpractice reforms were among the first comprehensive malpractice reforms in the nation, have withstood several constitutional challenges, and have undergone few major changes since 1975.1 A model for other states2 and the federal government,3 these reforms have helped Indiana health care providers continue to enjoy low malpractice premiums compared to other states.4 Both health care providers and insurers are highly satisfied with the system.5 Recently, however, press reports have galvanized consumer concerns about whether the reforms promote the interests of providers and insurers over those of claimants.6