Indiana Medical Malpractice Cap on Damages

In March 2016, Indiana amended its Medical Malpractice Act that impacts victims of medical negligence. As one of the state’s preeminent medical malpractice law firms, our team at Wagner Reese has taken a special interest in these changes. If you have additional questions, or if you need to start a medical malpractice claim in Indiana, please contact us for a free consultation.

Medical Malpractice Cap Increases 

Here’s a breakdown of some of the highlights of the revised Indiana Medical Malpractice Act:

  • A cap of $1.65 million for claims accruing after July 1, 2017, and through June 30, 2019 (with the healthcare provider responsible for the first $400,000, with any remaining damages up to another $1.25 million paid by the state Patient’s Compensation Fund)
  • A cap of $1.8 million for claims accruing on or after July 1, 2019 (with the healthcare provider responsible for the first $500,000, with any remaining damages up to another $1.30 million paid by the state Patient’s Compensation Fund)

These cap increases are the first to be enacted in Indiana since 1998. Previously, the maximum amount of compensation victims could receive for medical malpractice was $1.25 million. This change helps pave the way for medical malpractice victims to get adequate compensation for the damages they incur because of negligent healthcare providers.

Split of Responsibility for Cap Increases 

For claims accruing between July 1, 2017, through June 30, 2019, the healthcare provider’s cap on damages increased from $250,000 to $400,000, absorbing $150,000 of the $400,000 in the overall cap increase. The Patient’s Compensation Fund (PCF) will be responsible for $1.25 million, thereby absorbing the other $250,000 in the overall cap increase.

For claims accruing on or after July 1, 2019, the healthcare provider’s cap on damages will increase from $400,000 to $500,000, absorbing $100,000 of the $150,000 in the overall cap increase. The PCF will be responsible for $1.8 million, thereby absorbing the other $50,000 in the overall cap increase.

What the New Caps Mean for Victims 

For Indiana medical malpractice victims, the change in the law means that a plaintiff who files a malpractice lawsuit will now be eligible to receive a greater compensation award than in the past. Being eligible to receive nearly $2 million total means that victims will have a greater likelihood of covering most or all of their medical malpractice-related damages, even if they require a lifetime of medical care or assistance.

Note that the current cap isn’t set in stone, and it could be raised again in the future. One of the lawmakers who co-authored the amendment said that the legislature could consider additional cap increases in the future.

Indiana Medical Malpractice Attorneys with a Proven Track Record 

If you are a victim of medical malpractice in Indiana, you deserve every penny that you can get to help pay for your damages. To help you file a claim, you need an attorney on your side who has a proven track record of success.

At Wagner Reese, our Indianapolis medical malpractice attorneys work with you to help you understand everything you need to know about recovering the damages to which your family is entitled. Our fees are on a contingency fee basis, so we are only paid if we recover on your behalf. To learn more about our services, request a free case consultation.