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Indiana Increasing the Cap on Medical Malpractice Damages

Medical malpractice damage caps are a relatively common practice, with approximately 70% of states having adopted some kind of law that limits the amount of money a plaintiff can receive after a successful medical negligence or malpractice lawsuit. Indiana has been in the spotlight for the last few weeks as legislative leaders were concerned that the current cap of $1.25 million could be ruled unconstitutionally low and unfair to plaintiffs. Senator Brent Steele has worked diligently over the past year with lawmakers, Indiana State Trial Lawyers Association and Indiana State Medical Associations to propose a bill which Indiana lawmakers would approve. The approved bill, which proposes an increase to Indiana’s cap on medical malpractice damages for the first time in nearly 20 years, heads to Governor Mike Pence for his consideration. Senate Bill 28 would raise the cap from its current $1.25 million to $1.65 million in 2017 and to $1.8 million in 2019.

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