Before the close of the 2016 Indiana General Assembly session, Governor Mike Pence signed a bill that increased the medical-malpractice payment cap for the first time since the 1990s. The compensation cap will increase to $1.65 million in 2017 and then to $1.8 million in 2019. Previously, it had been set at $1.25 million for the past 17 years, and had only been raised twice since its inception in 1975.
Over the last two years, the Indiana Trial Lawyers Association (ITLA) has been working diligently to persuade lawmakers to adjust the cap just to keep up with medical-care costs. As the Immediate Past-President of ITLAand a member of the Board of Directors and Executive Committee, Steve Langer has been an integral part of the lobbying efforts and even testified before the Indiana legislature on the issue of damage caps and medical review panel reform.
Although this cap increase is good news for malpractice victims, Indiana is still an exception among the states. According to the Indiana Hospital Association, Indiana is one of only three states that caps total damages. In other states, medical-malpractice payment caps are permitted only for specific categories of damages. Many states limit only the recovery of damages as compensation for “pain and suffering.”
Before this new legislation, Indiana had the lowest total cap on damages in a medical-malpractice case compared to any other state. And, after the passing of this bill, Indiana still has the lowest damage cap in the United States.
If you are a victim of medical malpractice, pursuing a medical-malpractice claim can be a very complex and involved process. The attorneys of Langer and Langer have handled all kinds of medical-malpractice claims for patients throughout Indiana. Feel free to contact our offices, if you have further questions about medical malpractice under Indiana law.