Indiana Medical Malpractice Cap on Damages

Apr 19, 2018


Welcome to the Law Office of Stanley E. Robison, Jr, where we provide expert legal representation in medical malpractice cases in Indiana. Our team of experienced attorneys understands the complexities of medical malpractice laws and is dedicated to helping our clients receive the compensation they deserve. In this article, we will discuss Indiana's medical malpractice cap on damages and how it may impact your case.

Understanding Indiana's Medical Malpractice Cap on Damages

Medical malpractice refers to the negligence or substandard care provided by healthcare professionals, resulting in injury or harm to a patient. In Indiana, there is a cap on the amount of money an individual can receive as compensation in a medical malpractice lawsuit.

The current legislation, known as the Indiana Medical Malpractice Act, limits the total amount of damages that can be awarded to a plaintiff. This cap on damages is adjusted annually based on the state's Average Weekly Wage (AWW). For the year 2021, the maximum cap is set at $1,804,375.

Exceptions to the Cap

While the medical malpractice cap places a limit on the damages awarded, there are certain exceptions where the cap may not apply:

1. Catastrophic Injury or Death

If the medical malpractice resulted in a catastrophic injury or death, the cap on damages may not apply. Catastrophic injuries are severe, life-altering injuries that significantly impact the victim's quality of life.

2. Gross Negligence or Intentional Misconduct

If the healthcare provider's actions involved gross negligence or intentional misconduct, the cap on damages may be exceeded. Gross negligence refers to the conscious and voluntary disregard for the need to exercise reasonable care.

3. Lost Earning Capacity

The cap on damages might not apply if the medical malpractice caused significant loss of earning capacity for the victim. This includes instances where the victim can no longer work or is unable to earn the same income as before.

How the Law Office of Stanley E. Robison, Jr Can Help

If you or a loved one has been a victim of medical malpractice in Indiana, it is crucial to seek legal representation to navigate the complex legal process and maximize your chances of receiving fair compensation.

At the Law Office of Stanley E. Robison, Jr, we have years of experience advocating for medical malpractice victims and their families. Our dedicated team of attorneys will carefully review the details of your case, gather evidence, consult with expert witnesses, and build a strong legal strategy tailored to your specific situation. We are committed to fighting for your rights and ensuring you receive the maximum compensation possible.

Our expertise extends to various types of medical malpractice, including:

1. Surgical Errors

Errors made during surgical procedures can cause severe harm to patients. Our attorneys are well-versed in handling cases involving surgical errors, such as wrong-site surgeries, anesthesia errors, and post-operative infections.

2. Birth Injuries

Birth injuries can have lifelong consequences for both the child and their family. If your child suffered a birth injury due to medical negligence, our team will tirelessly advocate for their rights and seek compensation for medical expenses, future care needs, and emotional distress.

3. Misdiagnosis or Delayed Diagnosis

When healthcare providers fail to diagnose a condition or provide a delayed diagnosis, patients may suffer unnecessary harm or experience a worsened prognosis. Our attorneys have extensive experience handling cases involving misdiagnosis or delayed diagnosis, ensuring accountability for the responsible parties.

Contact Us for a Free Consultation

If you believe you have a medical malpractice case in Indiana, don't wait to seek legal guidance. Contact the Law Office of Stanley E. Robison, Jr today for a free consultation. Our compassionate team will listen to your story, provide a thorough evaluation of your case, and guide you through the legal process.

We understand the emotional and financial burdens that medical malpractice can cause, and we are here to support you every step of the way. Trust our expertise and dedication to securing the justice and compensation you deserve.

Remember, time is of the essence in medical malpractice cases, so reach out to us as soon as possible. Your rights matter, and we are ready to fight for them.

Lasse Bjerre
Interesting information! 👍
Oct 5, 2023