When it comes to Medical Malpractice damages, the state of Indiana has had a significanly lower cap than other states. With a total damages cap of 1.25 million dollars, Indiana has maintained one of the lowest caps in the country for nearly 20 years. Indiana lawmakers have been pushing to increase this cap for multiple reasons, and they have finally reached a consensus of approval. With legislative leaders feeling pressure that the current cap could be ruled unconstitutional, they have buckled down and proposed a new plan. This new plan (Senate Bill 152) proposes to raise the cap from from it's current 1.25 million dollars to 1.65 million in 2017. The cap would continue to increase to 1.8 million in 2019.
With some legislative leaders wanting this increase to occur every four years, and others wanting it to remain fairly low, the Indiana lawmakers still have some kinks to work out. However, at least the increased cap in Indiana medical malpractice damages is heading in the right direction.
The Indiana Trial Lawyers Association is on board with this decision, as they fear that "Indiana's current cap makes the state a magnet for bad doctors." If this is true, we hope Senate Bill 152 will pass quickly in order to ensure Indiana is a "magnet" for excellent doctors in the future.