Medical malpractice is a serious matter and can cost hospitals and doctors very large sums of money. Victims of malpractice can have their lives altered in extreme ways and certainly deserve fitting compensation. However, many states have a cap on the amount that can be rewarded for medical malpractice.
There are a number of pros and cons of medical malpractice damages, and a malpractice lawyer, such as Wagner Reese, LLP, can help you better understand them.
Introduction to Wagner Reese, LLP’s medical malpractice legal services
Wagner Reese, LLP is an experienced law firm, serving Indiana for over two decades. We are dedicated to getting their clients the compensation they deserve, with a focus on personal injury. We have extensive experience with medical malpractice cases, including Attorney Reese being named among Indiana’s Top 25 Medical Malpractice Trial Lawyers by the Medical Malpractice Trial Lawyers Association.
Our team has handled the following claim types:
- Personal injury
- Car accidents
- Truck accidents
- Medical malpractice
- Wrongful death
If you have experienced malpractice in Indiana, they are perfectly suited to help you understand your situation. It is important to have a lawyer you can trust on your side, especially in situations as tricky as medical malpractice.
Explanation of what medical malpractice caps are
A medical malpractice cap is a limit on how much money can be awarded in damages for a medical malpractice case. The amount tends to vary by state, but Indiana has placed their cap just above a million.
There are a number of reasons for this, some of them good and some bad. As a medical malpractice lawyer, Wagner Reese can help you better understand both sides.
Pros of medical malpractice caps:
Despite the potential impact on victims, there are some pros to these caps. It may not be obvious from the description, but here are a few ways they help.
Cost control in healthcare
Keeping malpractice payouts under a certain amount helps keep healthcare costs lower. If a hospital is at risk of losing millions of dollars on a mistake, they are more likely to charge higher to make up for the lost profits. A hospital is a business and will take financial matters like these into account.
Potential reduction in medical malpractice insurance premiums
Most doctors and other medical professionals are required to have malpractice insurance, which will cover the cost should malpractice occur. Depending on the field and location, the cost of this insurance can be high.
Without a malpractice cap, the amount would skyrocket, making it more difficult for a medical care provider to even function.
Increased access to healthcare providers
While medical malpractice is often a nightmare scenario, you will need to see a doctor at some point. Accidents can happen, and while those accidents need to be prevented as much as possible, making the consequences steeper only frightens healthcare providers away.
Without a cap, a hospital could be completely shut down over one case, unable to function with the lost funds. While it may be unfair to the victim, it is better for the community at large.
Cons of medical malpractice caps
While there are a few pros, there are just as many cons. Understanding both sides of the situation is important, especially with a matter as dire as medical malpractice.
Unfair compensation for victims
The fact of the matter is that compensation caps are unfair to victims. While $1 million may sound like a lot on paper, one has to consider the bigger picture.
A negligent doctor could leave you paraplegic for life, or even result in a loved one’s death. It could leave you with lifelong medical costs that far outpace the money you have received. While it could be a lot for you, it could be very little to the doctor at fault.
Difficulty in proving negligence
With so many laws in place to protect healthcare providers from malpractice suits, it can be difficult to make the case stick at all. Proving negligence in a malpractice case is difficult, and without negligence, a victim is unable to pursue compensation.
Even when there are clear signs of malpractice, if you are unable to prove the provider was negligent in their care, you are out of luck.
Potential negative impact on the quality of healthcare
If making a mistake does not come with major consequences, there are fewer reasons to be careful. Seeking compensation is not only about your own finances, it is also about the perpetrator of a harmful act receiving consequences.
One would hope that a negligent doctor would never act so carelessly again, but if they feel no consequences, there is little reason to change.
Case studies or real-life examples showcasing the impact of medical malpractice caps
Many families have felt the impact of medical malpractice caps. Let us say your doctor makes a mistake during childbirth, and through their negligence, your child is born with a significant disability that leaves them needing round-the-clock care for life.
That means the costs of your medical bills alone may be more than the maximum the cap allows. This does not include the lifetime expenses for this care, from medication to mobility support and in-house medical support.
Alternative solutions to address medical malpractice issues
Medical malpractice has been a legal topic for as long as doctors have existed, and this has always been an issue. Over the years, alternative solutions have been suggested. Some choose alternate dispute resolution models, in which the conversation is left between the doctors and patients, without legal intervention.
This is meant to keep the relationship less adversarial, but it should be noted that there is a natural power imbalance between the two parties on their own.
Important considerations for victims of medical malpractice
Medical malpractice victims are likely not concerned with the pros of these caps, just as they are likely not focused on the potential money. When you trust someone to heal you and they have hurt you instead, it is a devastating occurrence. The consequences of malpractice can be dire and life-changing, and what most want above all is accountability.
Wagner Reese, LLP understands this and strives above all to help victims with that accountability.
Wagner Reese, LLP’s successful track record in medical malpractice cases
Wagner Reese, LLP has been helping malpractice victims in Indiana for over twenty years and has no plans of stopping soon. We have won awards for excellence in Indiana law, including Indiana’s Top 25 Medical Malpractice Lawyers.
If you have experienced malpractice, we are ready to add you to our list of satisfied clients. To learn more about Wagner Reese, LLP’s medical malpractice services, reach out soon, either through our online contact form or at to begin building your case.
