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Indiana Malpractice Settlement Limits and Caps on Total Damages Allowed – Changes to the law were effective July 1

Theodoros & Rooth has well over 100 years of combined experience in representing people who have been injured or killed as the result of the negligence of others.  We have been involved in hundreds of cases, including many involving malpractice, some which have garnered national headlines.

This July, a jury awarded a Kansas grade school teacher $2 million in her malpractice case.  She had suffered severe internal burns due to a medical mistake.  However, due to a Kansas law that limited the amount that can be awarded for noneconomic damages –  also known as “pain and suffering” – the award was decreased to just $250,000, the maximum allowed for noneconomic damages at that time.

After many years of challenges that the cap is not nearly enough for many cases, the cap on noneconomic damages is now gone — struck down in a recent Kansas Supreme Court ruling.

Here in Indiana, effective July 1, 2019, the caps on damages set by the Indiana Medical Malpractice Act increased for the second time in two years. This increase, which applies to acts of malpractice that occur after June 30, 2019, will complete changes mandated by the state Senate.

Now, the total amount recoverable for an injury or death of a patient due to medical malpractice that occurs after June 30, 2019 is $1,800,000.  The amount recoverable for an injury or death that occurred before between June 30, 2017 and June 30, 2019 is $1,650,000.

This is just a simple explanation of the newer limits on patients suing for malpractice in the Indiana.   Many other states have similar laws, but there are differences.

Just as every case is different, the best advice if you believe you or a victim of malpractice is to contact Theodoros & Rooth immediately.  We will analyze the specifics of your situation and determine whether its wise to move forward.   There is never a charge for an evaluation of your case.