Does Indiana cap damages in medical malpractice cases?
Yes. Indiana does have a law
on the books that limits or “caps” the amount of money that a plaintiff can
receive even after a successful medic al malpractice lawsuit against a negligent
health care provider.
Indiana is also fairly unique
among states in that its “damage cap” applies to the total amount of
compensation that an injured patient can recover -- not just to certain
categories of damages (many states limit only the recovery of non-economic damages,
which includes compensation for things like “pain and suffering”).
Here is a snapshot overview
of Indiana’s medical malpractice damage caps, which were passed in 1975 and
have been raised twice over the years (you can find the full text of these laws
at Indiana Code Chapter 34-18-14):
* For health
care treatment errors that occurred after June 30, 1999, there is a $1.25
million cap on total damages available to the plaintiff.
* For medical
malpractice that occurred prior to July 1, 1999, there is a $750,000 cap on
total damages available to the plaintiff. (The cap is lower for pre-1989 cases;
check the statute for details.)
* An individual
health care provider (i.e. a doctor or other health care professional) cannot
be held liable for more than $250,000 in damages. Any damages in excess of that
$250,000 will be paid by the state of Indiana’s Patient Compensation Fund.
Get more information on Damages
in Medical Malpractice Cases.
by: David Goguen, J.D.
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