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Medical Malpractice Lawyers Medical Malpractice Lawyer Blog Indiana’s Medical Malpractice Caps
Request a Free ConsultationUpdated June 19, 2025 | By Wilson Kehoe Winingham staff
A recent court decision may put Indiana medical malpractice caps to the test and could have significant implications for how much victims can recover.
The family of Debbie Plank was awarded $8.5 million against Community Hospital North after the hospital mismanaged an x-ray in 2001. She died from a bowel obstruction injury that could have been detected and surgically repaired had the hospital managed the radiograph appropriately.
Of course, that award was reduced to $1.25 million by Indiana state law. The Plank’s medical malpractice lawyer has said he will appeal the reduction as unconstitutional under Article 1, Sections 20 and 23 of the Indiana Constitution.
Indiana’s current malpractice cap has been in place since 1999, when it was raised from $750,000. Besides the claim of unconstitutionality, that amount doesn’t even keep up with inflation—$1.25 million in 1999 equates to a little over $1.65 million in 2008 dollars, adjusted for inflation.
Thirty-two states have some kind of damage cap in medical malpractice cases. Alaska, Florida, Ohio, and Massachusetts have caps that can be waived or increased in severe cases. Two states cap only wrongful death cases. Four states have a $250,000 general award cap, four states have a total damages cap, eighteen states have non-economic damages caps between $250,000 and $500,000, and four states have damages caps that exceed $500,000.
When these caps are challenged across the country, the constitutional claims against them usually come under state constitutional equivalents to the United States Constitution’s 7th Amendment right to trial claims and 14th Amendment equal protection and due process claims. For example, the Georgia Supreme Court has just heard oral arguments on this issue. Georgia passed a $350,000 cap in 2005. It was declared unconstitutional, and the appeal comes from the medical community.
Randy Erickson2024-08-16 Our Father died from a fall due to negligence at the facility he was at for rehab. Our family is grateful for Kent Winingham and Maria Dicken for their support and dedication to our case. Kent has a thorough knowledge of Indiana laws and prepared a successful case. They answered all of our questions and kept us informed during the entire process. Our family would highly recommend WKW. Rachael Stone2024-07-16 Kent and Maria were absolutely amazing to work with!!! You can tell that they genuinely care about you and your family and the case. They take time to explain everything to you in words that you will understand. And they did AMAZING with our case and fought hard for our family and won. Thank you so much for all you guys did for our family, especially in a time of sadness!!! I highly recommend Wilson Kehoe Winingham you definitely will not be disappointed at all! DAVID RUSSELL2024-07-12 “ Kent Winingham and his Paralegal Angie were there to assist my Son and I throughout the entire process from start to finish in two different cases. Kent and his staff helped us navigate the unique challenges that presented themselves in these particular cases. Kent and his staff was thorough, diligent, and professional, handling our cases in a timely manner. Kent and his staff were patient with us and communicative at all times, involving us in every step. I highly recommend Atty. Kent Winningham and his staff at Wilson Kehoe Winingham. Ron Bryan Sr2024-06-04 Nice people to talk to and work with. Would recommend to anyone needing a good law firm. Michael Lennartz2024-06-03 The whole team at WKW worked tirelessly to help us receive compensation after an auto accident. Bill Winingham personally visited us in Lafayette to talk about the case and contacted us after hours several times to discuss issues. Our paralegal, Cynthia, was wonderful as she helped us gather all the information needed to provide evidence in our case. Additionally, as the case unexpectedly dragged on, everyone at WKW continued to be patient and optimistic as we finally worked towards a successful outcome in our case. Jennifer Peterson2024-03-26 After suffering a life changing work related injury, I was left with no other choice than to reach out to an attorney to assist me with getting financial assistance for my past and future medical bills. The first attorney I worked with in Massachusetts stated they would be able to assist me with my case but ultimately stated it was in my best interest to reach out to a law firm in the state where the accident took place. So I had to start researching the Indianapolis area and spoke to a few attorneys who stated that they didn't feel I had a good case and therefore couldn't assist me. Finally after almost giving up hope, I was referred to Wilson Kehoe Winingham. I called and spoke with Bill Winingham and Jon Noyes who were expecting my call. They both listened to my story and immediately stated I did have a case and they would be happy to help. The process was long and I had to make a few trips to Indianapolis to meet with them and the judge but in the end they helped me. I always felt like they had my best interest at heart and gave me honest feedback at all times. I would highly recommend them and the firm if you ever find yourself in need a assistance. I can't say enough about them. Chelsea Moore2024-03-07 I was referred to use Kent Winingham for an injury I had suffered in an auto accident. I was nothing but pleased! Kent and his team went above and beyond to make sure that I got every penny I deserved! He was a great listener, great negotiator, and EXTREMELY prepared! If you find yourself needing legal help due to injury look no further than Kent Winingham! Thanks again Kent!
The results are somewhat mixed in these challenges. Caps were upheld in Virginia by a federal appeals court in 1986 but declared unconstitutional by a Florida court in 1973. Further, the Sixth Circuit upheld the constitutionality of Michigan’s $359,000 cap on non-economic damages in medical malpractice cases.
Medical malpractice cases are complicated. Don’t go through the process alone.
If you or a loved one have been injured as a result of medical malpractice, you are urged to contact the Medical Malpractice Attorneys in Indianapolis at Wilson Kehoe Winingham. The lawyers at WKW can help you fight for the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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