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Changes Coming to Indiana’s Medical Malpractice Cap On Damages

Wednesday, September 14, 2016

Indiana Medical Malpractice Cap Changes

Earlier this year the Indiana Legislature agreed to certain Indiana Medical Malpractice cap changes including an increase on the cap on damages in medical malpractice cases starting July 1, 2017. The current cap of $1.25 million was set in 1999. The cap on damages limits the overall amount of compensation that a victim of malpractice can collect. Any award that would exceed the cap would be reduced. Indiana’s cap has been one of the lowest in the nation.

New Cap Increases:

Under the new legislation, Senate Bill 28, the $1.25 million cap will be increased to $1.8 million over the next few years. Any act of malpractice that occurs after June 30, 2017 and before July 1, 2019 will fall under a new cap of $1.65 million. That cap is then set to increase to $1.8 million for any act of malpractice occurring after June 30, 2019.

This cap increase means that anyone who has been a victim of malpractice would have the potential to collect $400,000.00 to $550,000.00 more in damages than under the cap of $1.25 million. In addition to the increase in the overall cap, the legislation also increases the amount of liability the Health Care Providers have.

Health Care Providers Will Be Exposed To Greater Liability:

Under the current cap Qualified Health Care Providers are liable for the first $250,000.00 worth of damages. This number is increased to $400,000.00 starting with acts of malpractice that occur after July 1, 2017 and before June 30, 2019. The health care providers will become liable for the first $500,000.00 of the damages for malpractice occurring after June 30, 2019.

Changes To The Payout From the Patient’s Compensation Fund:

Any award in excess of the amount the Health Care Providers are responsible for will continue to be paid out of Indiana’s Patient’s Compensation Fund up to the cap. Under the current legislation, payout from the Patient’s Compensation Fund occurs twice a year. Under the new legislation, the Fund would be required to make payments within 60 days of a court approved settlement or final non-appealable judgment.

Indiana Medical Malpractice Attorneys

If you have been a victim of medical malpractice, you may be entitled to compensation. Bringing a malpractice claim under Indiana’s Medical Malpractice Act can be very complex. The medical malpractice attorneys at Vanderpool Law Firm have the experience and knowledge to help bring your claim. Call us today at (877) 741-4827 to set up a free consultation with one of our attorneys.