Strengths and Weaknesses of INCAP


  • Statute of Limitations
  • Limits on Recovery
  • Patient's Compensation Fund (PCF)
  • Medical Review Panel
  • Limit on Attorney Fees
  • Claims filed with Department of Insurance confidential until after panel opinion
  • Lowers medical malpractice insurance premiums
  • Maintains access to care for patients
  • Provides compensation for injured patients


  • An average of 23.7 months elapsed between the time a claim was filed and its closure*
  • Panel Process is time-consuming-32 months elapsed between filing a complaint and a final panel opinion.*
  • Inadequate protection of the Patient's Compensation Fund (PCF) by state government
  • Average 2004 payout for $1million PCF exposure--$841,456

* "Indiana's Malpractice System: No Fault by Accident?" Kinney, Eleanor D., and Gronfein, William P.,1990.