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Indiana's medical malpractice damage cap

Indiana arguably has some of the toughest laws in the country for medical malpractice victims who want to get the compensation they deserve after a doctor or other medical professional injures them; however, while a challenge, these laws are not insurmountable obstacles, and injured patients should not be discouraged from holding their doctors accountable.

For the longest time, a patient who got injured by a doctor could not expect to receive more than $1.25 million in total damages for all medical bills, lost income and other damages. Recently, this cap was raised to $1.65 million and, by 2019, damages will be subject to a $1.8 million cap.

While proponents of damages caps argue that it keeps doctors' malpractice insurance premiums reasonable and therefore keeps costs lower and ensures that more physicians will practice in Indiana, the problem with any sort of cap is that it risks preventing a patient who was injured by a negligent doctor from getting full compensation for all losses. Furthermore, a cap means a doctor is allowed to avoid payment for all losses in serious claims, meaning the doctor is not held fully accountable for the loss.

Indiana's medical malpractice laws are also difficult to navigate for other reasons. For example, a malpractice case, before it can go to court, must get a review from an independent panel of doctors and other panels. While their opinion does not determine the outcome of the case, it can be admitted in to court and members of the panel can be subpoenaed as witnesses. Since this panel usually finds in favor of their fellow doctor, the panel is just one more reason why an Indiana victim of malpractice needs strong representation.

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The Law Office of Nick Stein

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