Indiana medical malpractice cap

Lawmakers Consider Increase of the Indiana Medical Malpractice Damage Cap

by Staff | October 16th, 2015

When an Indiana patient is harmed as the result of a medical professional’s error or negligence, the victim may seek compensation by filing a medical malpractice lawsuit. However, the total amount of compensation that injury victims can receive is limited by state law. But our Indiana medical malpractice lawyers point out that state lawmakers are now considering reforming medical malpractice cap policies.

Current Indiana medical malpractice caps limit the amount of non-economic damages a victim can receive to $1.25 million. Experts say this limit is antiquated, as it was established 16 years ago when the costs of medical treatment were much lower.

According to Indiana Public Media, the amount of time that has passed since the law’s last updated has prompted some health care officials to become concerned about the constitutionality of the law. Furthermore, the current status of the medical malpractice cap has led to a legislative committee considering raising the limit.

Many feel an increase on the Indiana medical malpractice cap is long overdue, while opponents claim an increase may raise the costs of doctors doing business in The Hoosier State. No decisions have been reached in the matter yet.

The legal staff at Fleschner, Stark, Tanoos & Newlin believe in getting injury victims the compensation they deserve, and our Indiana personal injury lawyers are waiting to see if legislators decide to raise the Indiana medical malpractice cap.

Lawmakers Consider Increasing Indiana Medical Malpractice Cap

by Staff | September 14th, 2015

When a medical professional’s mistake or negligence leads to a patient being harmed, the victim may have a right to seek compensation for damages; however, the amount of damages an injured patient can receive is currently limited under Indiana medical malpractice cap laws. These limits could potentially increase in the near future though.

Our Terre Haute medical malpractice lawyers at Fleschner, Stark, Tanoos & Newlin explain that under the current medical malpractice limits, a patient in Indiana who has been harmed can only receive $1.25 million. This limit was established more than 15 years ago. Since that time, medical costs have risen and the value of the American dollar has declined. This means that in many cases, $1.25 million may not be enough to cover the victim’s medical expenses.

These are just a few of the reasons state officials are considering raising the Indiana medical malpractice cap. Many believe there has been a need to increase these limits for quite some time, while others claim an increase to the cap could significantly inflate the costs of doing business for medical professionals. In fact, a lobbyist for the Indiana Medical Associations told Indiana Public Media that a $400,000 increase to the cap could raise a physician’s costs by as much as 15 percent.

Getting victims of medical malpractice the compensation they deserve is one of our goals at Fleschner, Stark, Tanoos & Newlin and we have seen how the limits our state places on damages for these cases also limits a patient’s ability to fully recover. This is the reason our Terre Haute personal injury attorneys are hopeful state officials reach a decision to increase the Indiana medical malpractice cap.