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.

IIGA and Damages In Medical Negligence Actions (Part 1)

by:David B. Allen, Attorney
In this first of a two-part article regarding litigation issues involving the Indiana Insurance Guaranty Association (IIGA) and damages in medical negligence actions, I will provide background regarding the Guaranty Statute and issues with the IIGA’s interpretation of the statute. A future article will address this matter further and provide some solutions to remedy the conflicts.
For Plaintiffs with pending medical negligence actions, it is a long, hard road to success and to recovery of damages for their losses. In recent years, that road has become even more difficult as a result of several medical negligence liability carriers becoming insolvent.