October 14, 2015
When patients in Indiana is harmed as the result of a medical professional’s error or negligence, the victim has a right to seek compensation by filing a medical malpractice lawsuit. But the Indiana medical malpractice lawyers at Stewart & Stewart Attorneys explain that damage caps may limit the amount in damages a victim can receive.
A medical malpractice cap is the maximum amount of money a defendant can pay in a medical malpractice case. The current limit on non-economic damages in the Hoosier State is $1.25 million. This limit was set 16 years ago, and many feel the law could now stand to be updated.
According to Indiana Public Media, legislative committees are currently examining the constitutionality of the current cap, as well as what changes are needed to the law. A bill proposed during a recent legislative session called for the cap to be increased by $400,000. However, opponents claimed raising the caps would increase doctors’ costs of doing business, and the proposal was shot down.
Those in favor of the increase claim the costs of medical care have inflated since 1999 when the cap was implemented. This means the $1.25 million a victim is allowed to receive may barely cover the costs associated with damages caused by a doctor.
At Stewart & Stewart Attorneys, we’ve seen the struggles many victims of medical malpractice face, and our team of Indianapolis personal injury lawyers is hopeful that our state’s medical malpractice caps are increased sooner, rather than later.