Is Indiana’s Cap on Medical Malpractice Damages Unconstitutional?
by:David Cutshaw, Attorney
The Indiana Court of Appeals recently ruled that a plaintiff in a medical malpractice case can have a hearing to determine whether the Indiana cap on medical malpractice damages is unconstitutional. In Plank v. Community Hospital, the plaintiff obtained a jury verdict of $8.5 million relative to the death of his wife who died when the defendant doctors failed to diagnose a bowel obstruction. The obstruction caused the bowel to leak into the patient’s abdominal cavity causing a deadly infection. The Indiana Medical Malpractice act limits damages to $1.25 million; so the trial judge reduced the $8.5 million verdict to $1.25 million.
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