Medical Malpractice Caps Limit Compensation for Victims
Medical malpractice damages caps limit the amount of money a plaintiff can receive from a medical malpractice claim. Often, the damages caps limit only non-economic damages, such as pain and suffering, mental distress, and loss of companionship. Yet, some states cap both non-economic and economic damages, which include medical bills and lost wages. Medical malpractice caps vary greatly by state and can have an enormous impact on the amount of money an individual plaintiff can receive.
The reasoning behind malpractice compensation caps is to limit the financial burden on the state and to minimize drains on the economy. In addition, some say that caps promote cost stability in the health care system and protect doctors from high insurance rates, helping to ensure that doctors are willing to practice in the state. However, those opposed to medical malpractice caps argue that legislatures should not be able to limit what courts determine that plaintiffs deserve.
Indiana Votes to Increase Medical Malpractice Cap
According to one news source, the Indiana legislature recently approved an increase to the state’s cap on medical malpractice damages for the first time in almost two decades. The state’s cap is currently limited to $1.25 million. The new law would raise the cap to $1.65 million in 2017 and to $1.8 million in 2019. Indiana’s current and proposed law encompasses both economic and non-economic damages.