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Majority of Indiana medical malpractice cases favor doctors

2004-04-18

In Indiana, medical malpractice lawsuits favor the doctors in about 75 percent of the time. Multimillion dollar Indiana medical malpractice verdicts are not granted, so the recent $7 million verdict awarded in February set a record. The Indiana medical malpractice case involved a couple and child who suffered severe brain injury because of the alleged malpractice by the doctor. Unfortunately, the medical malpractice victims may never receive the awarded damages because of the malpractice cap the state has.

Considered one of the lowest and most strict malpractice caps in the country, Indiana law says the maximum award victims of medical malpractice can receive is $1.25 million. The law has no consideration for the severity of the case or the amount of financial loss suffered. Medical experts have estimated the cost of the baby's care because of the brain injury could be around $6 million if she has a normal life expectancy.

Currently, the medical malpractice victim is four years old and can only be fed through a tube, hear from one ear, and cannot walk or talk. She also lost her vision except for brief moments of blurred vision. The mother also suffered greatly following the birth, having near death moments and prolonged hospitalization and kidney dialysis treatments.

Indiana medical malpractice laws protect a doctor and the insurance company when injury or death has occurred through the Indiana's Medical Malpractice Act. This law was intended to keep doctors practicing in the state and keep medical costs down, but Indiana has fewer doctors per capita than most other states. Considered unconstitutional in many other states, Indiana's fund used to pay successful claims is now operating on a deficit. The non-working, outdated law further victimizes patients that have suffered catastrophic injuries