Indiana

• 2 years with Discovery Rule. (IC §34-11-2-4)
• Medical malpractice – 2 years from act or omission subject to certain statutory exceptions.  Minors under age six have until age eight. (IC §34-18-7-1; IC §34-18-7-2, IC §34-11-2-3)

• Medical malpractice caps: Claims prior to January 1, 1990, amount recoverable against a single provider is capped at $100,000, and the total amount recovered against all providers and the Patient Compensation Fund is capped at $500,000.  As of January 1, 1990, the maximum recoverable from providers and the Fund was increased to $750,000.  As of July 1, 1999, the limit for each provider is $250,000, and the total cap on damages against all qualified providers and the Fund is $1,250,000.  (IC §34-18-14-3)
• Punitive damages – capped at three times the amount of compensatory damages or $50,000, whichever is greater.  (IC 34-51-3-3)

• 2 years from date of death. (IC §34-18-7-1)

• No punitive damages for actions brought under wrongful death statute.  Damages for lost love and companionship from wrongful death of adult person is limited to $300,000. (IC §34-23-1-2)

• Indiana State Department of Health
• Adult Protective Services
• Department of Health, Long Term Care/Nursing Home Division
• Comprehensive Care Facility (Nursing Home) Licensing and Certification Program
• Family and Social Services Administration, Division of Aging

• Adult Protective Services – (IC §12-10-3)

• What Is Going On Here? Another Nursing Home Resident Sexually Assaulted In Indiana Facility

Indiana Police are currently investigating a suspected sexual assault of a 76-year-old patient at the Alpha Home Rehabilitation Center.  Police believe the elderly woman was assaulted in her room at the skilled nursing facility.  The incident remains under investigation by local police as they are unsure if the assault was perpetrated by an intruder or an employee at the facility. Currently, no suspects are in custody.

• CNA Facing Battery Charges After Co-Worker Reports Abuse To Authorities

Karen Buck, a CNA in Muncie, Indiana, is facing Class D felony (abuse of individuals who are physically or mentally disabled) battery charges after allegedly slapping a 94-year-old nursing home resident in the mouth.  The alleged incident took place in June 2, 2007 at the Golden Living Center after the nursing home resident became agitated when Buck began to change the dressings on her feet with open wounds.  The resident was unable to speak due to complications from a stroke.  Authorities were tipped off to this incident following the report from Buck's co-worker who saw the nursing home abuse taking place. 

Officials from the nursing home claim the incident was investigated by officials from the state, ombudsman and police without any substantiated findings of abuse.  Despite the nursing homes claims, the case against Buck is proceeding to trial on April 24th.  Additionally, the family of the elderly woman who was involved in this incident has filed a civil lawsuit based on nursing home negligence against the the CNA as well as the nursing home for the woman's injuries.

• Lawsuit Alleges CNA At A Golden Living Center Sexually Abused Paralyzed Patient

A recently filed lawsuit against Golden Living Centers in Merrillville, IN alleges that a CNA at the facility entered the room of a paralyzed stroke patient, took his clothes off and fondled the man against his will.  The CNA identified as, Ismael Golden, also faces criminal charges related to the alleged sexual abuse.  In addition to this incident, Mr. Golden is also accused of sexually assaulting another patient at the Indiana nursing home.

• World's Tallest Woman Dies In Nursing Home

7-foot-7, Sandy Allen, the world tallest woman died yesterday in an Indiana nursing home.  Sandy Allen was 53-years old.  Ms. Allen received care at Shelbyville Nursing Home for medical conditions related to her extreme height.  Poor circulation in her legs caused Ms. Allen to rely on a wheelchair for getting about.  Although Sandy Allen weighed just 6.5 pounds at birth, she developed quickly.  By the age of 10, she was 6 feet 3 inches.  By the time Ms. Allen was 16, she was 7 feet 1 inch.  Read more about the world's tallest 

• Indiana Hospital Errors Increase 24% In The Past Year

According to the Indiana Department of Health, the number of reported hospital errors rose from 85 in 2006 to 105 in 2007. 

Indiana hospitals and surgury centers must report any of the 27 avoidable medical errors from a list compiled by National Quality Forum, a non-profit group dedicated to improving health care.  Some of the medical errors reported include: