Over the past several months, we have voiced concern on this blog about the state of Indiana and the limits the state’s politicians placed on medical malpractice judgments. First passed in 1975, Indiana currently limits any legal settlement or verdict resulting from a healthcare provider’s errors to $1.25 million dollars. This cap is in place regardless of the severity of an injury or disability, regardless of outstanding medical bills and regardless of the cost future care. If a parent is killed due to a simple diagnostic error and leaves behind a family who relied on his or her income, the family cannot receive more than $1.25 million. If a baby suffers a brain injury during birth because a hospital failed to properly monitor the baby’s vital signs, that child is limited to receiving $1.25 million to cover future care that is often costs ten times that amount.
For these very reasons, Indiana’s medical malpractice caps have been very controversial. Families, whose lives are forever changed through no fault of their own, find themselves facing financial hardship or even in poverty because of mounting medical bills or an inability to work. Recently, we wrote about one family’s attempt to challenge the constitutionality of Indiana’s caps. Facing mounting criticism from constituents as well as court rulings in several other states (including Illinois) that found low caps unconstitutional because they are unfair to plaintiffs, Indiana’s lawmakers recently took action. As the Indianapolis Star Tribune reports, the Indiana State Senate voted unanimously to raise Indiana’s medical malpractice limits. The proposal is now before Governor Mike Pence who must decide whether to sign the bill into law. If signed, this will represent the first increase in caps on Indiana medical malpractice claims in nearly 20 years. Continue reading