Last summer, we wrote an article about the cap placed on the amount of damages that can be awarded to a victim of medical malpractice in Indiana. We discussed that then Governor Pence signed a bill approving an increase to Indiana’s cap on medical malpractice damages. The new law raised the cap to $1.65 million in 2017 and $1.8 million in 2019. This change took effect on July 1 (2017).
We said a year ago and we repeat: Despite this increase, this new amount does not begin to fully compensate someone for the harm that was done to them. Oftentimes, the cap does not even cover the costs of an injured person’s past medical bills, lost wages, and the costs of the medical care they will need in the future. These injured Hoosiers often are forced into bankruptcy or require State aid to cover their medical costs. Sen. Brent Steele (R-Bedford), who sponsored the legislation, said “Even with the increase, Indiana’s cap remains low compared with other states.”
In stark contrast, the Illinois Supreme Court declared the state’s previous cap on non-economic damages unconstitutional in 2010.”