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Will Indiana Increase the Medical Malpractice Lawsuit Limits?

Steve Wagner

Most states don’t have a limit, do why does Indiana?

For the last several years, the cap on individual Medical Malpractice claims has remained the same; a limit of $1.25 million.

This level was set in 1999, and hasn’t been examined since then. But at the risk of bumping up against constitutional freedoms, a legislative committee met last Thursday to consider raising the cap. Since most other states don’t even have a cap, the legislative committee is worried that the state of Indiana’s malpractice claim limits won’t hold up in court much longer.

One legislative member went on the record, saying” “How can a program that hasn’t been looked at and updated in almost 17 years now be fair and just?”

We agree. You can’t expect an arbitrary number set up nearly two decades ago to continue offering fair results for plaintiffs.

The committee is proposing a potential $400,000 increase to the limit, allowing for increased medical costs, increased cost of living, etc.

Skeptics Are Saying…

According to those opposed to the increase, this change will raise costs for doctors, and in turn, continue to raise the cost of healthcare. But we aren’t so sure these two factors are linked as closely as critics are saying.

Recent studies have shown that while malpractice rates have increased in the last several years, they have remained on par with the increasing costs of healthcare, but that these increasing costs are not a result of large malpractice payouts.

Medical Malpractice Attorneys

What do you think? Do you believe the cap should be raised to protect those in need of compensation, or do you think $1.25 million is sufficient to cover the injuries most people may sustain?

We are in favor of a raise on the cap, if not an elimination of the cap altogether. We see how many people suffer each year as a result of medical negligence and mistakes, and even if the cap increase causes malpractice premiums to increase, we believe this puts more power into the hands of the patients, and might help facilitate more safety when it comes to the actions of doctors and medical staff.

If a doctor or hospital staff is responsible for your injuries, our medical malpractice attorneys can advise you on Indiana’s lawsuit limits. Call Wagner Reese today, and let us show you how a compensation claim can help you get back on your feet, and get back to normal life. We are available to speak with you at (888) 204-8440. Call us today!


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