INDIANAPOLIS -- A Fishers doctor with terminal cancer wants to change the state's medical malpractice law, calling it "unfair and unjust."

Doctors failed to diagnose Scott Hubbard's melanoma in 1999 when Hubbard had his first biopsy.

As required by the state's malpractice law, Hubbard first brought his case before a medical review panel comprised of three doctors and one non-voting attorney. The panel determined Hubbard was the victim of malpractice, clearing the way for the case to head to court.

The doctor who treated Hubbard has since passed away.

Even though Hubbard's attorney, Jason Reese, said his client's medical expenses top $1.8 million and his lost income totals more than $4 million, Hubbard can only recover a maximum of $1.25 million under Indiana law.

In Indiana, doctors are only liable up to $250,000 for malpractice claims. Awards of up to $1 million are paid out from the Indiana Patients' Compensation Fund.

Doctors pay into the fund so their insurance companies don't have to pay out million-dollar awards.

"Someone can literally take someone's life and … there's little to no recourse. There's little to no help," Hubbard told 6News' Joanna Massee.

Hubbard’s stage four melanoma means he could only have months to live. Doctors told him his condition could have been easily treated if it had been diagnosed earlier.

Hubbard now stays at home and watches his two children while his wife, Jaclyn, studies to become a pharmacist.

"I'd like to see her finish that program, so then I would know that my wife is capable of taking care of our family," Hubbard said.

Unlike Hubbard, other doctors praise the law.

State Rep. Dr. Tim Brown, R-Crawfordsville, called the law a monumental plus for Indiana.

"I think this has helped doctors have stability," Brown said. "We've seen that there's been more physicians per population in this state as opposed to states that have malpractice problems."

The state also provides special malpractice insurance coverage to doctors who can't get private policies because their specialties are too risky, or because they have too many malpractice claims. Hundreds of doctors take advantage of the coverage.

Doctors consider Indiana's malpractice law one of the best in the country, but some patients and their family members argue the law has serious flaws.

The family of a Hancock County mother of three who died at Community Hospital North 10 years ago wants the state Court of Appeals to overturn the law.

Tim Plank was awarded $8.5 million for the death of his wife, Debbie, but Indiana's $1.25 million cap on damages prevents Plank from collecting the total award.

"It’s been a living hell," Plank said. "I just think the doctors and hospitals need to be held accountable for their actions or inactions."

After Debbie’s death, Plank said he received a call from a hospital employee wanting to know how she enjoyed her stay.

"At that time, I told them she had passed away in their hospital and they should've known that before they called the family wanting to talk to her," Plank said.

Lynda de Widt, Community Health Network's director of media relations, released this statement with regard to Plank:

"We were and continue to be saddened by the 2001 death of Debbie Plank. Any concerns voiced by patients or family members about the care delivered at any of our sites are taken very seriously -- and patient safety is our top priority," the statement read. "Community Hospital North continuously works to provide the highest standard of care. We very deliberately analyze our performance and processes, compare those to best demonstrated practices and immediately implement improvements to ensure the best care possible. We empathize with the Plank family as they continue to heal from the loss of a loved one."

Because Plank did not settle the case with Community, he's free to name the hospital. Most settlement agreements demand confidentiality.

Indianapolis mother Amber Baise's settlement prevents her from revealing which doctor gave her so much epidural medicine while she was in labor in 2006 she can still barely walk.

"I still want my life to be normal," Baise said. "I usually spend most of the time in the wheelchair."

Consumers can find out who treated Baise using the Indiana Patients' Compensation Fund management system. The online system provides the malpractice history of any provider.

Statistics based on data from the Indiana Department of Insurance, which oversees the state’s medical malpractice system, show doctors usually beat malpractice claims against them.

A state report indicated that since 1975, medical review panels have found "no malpractice" 64 percent of the time.

Officials from the Department of Insurance declined an on-camera interview. A spokesperson said the department is in charge of administering the law, but officials have no position on it.

Members of the Indiana State Medical Association said the law balances the needs of physicians with the needs of patients.

"I believe that we don't hold back when we see that there's a problem. I don't believe that Indiana is any better or any worse from the standpoint of how we handle our physicians who are not working up to snuff," said Dr. Steven Tharp, a previous president of ISMA.

Tharp also noted that the state’s Medical Licensing Board, which regulates physicians, also works to hold doctors accountable.

Even when doctors are found responsible for malpractice, patients such as Hubbard will spend years trying to get compensation. Hubbard said he sometimes wants to give up.

"Part of me says, 'Well, boy, maybe I should just die so my family will get more money,'" Hubbard said. "Then on the other, I think, 'Well, I want to live. I want to be there for my family and get them more stabilized.'"

For more information on how to file a malpractice complaint, click here.