In Indiana, is there a medical malpractice cap on damages? Right now with Indiana Medical Malpractice law we have a statutory cap on damages set at $1,250,000.00. It has changed over the year, but right now the $1,250,000.00 cap includes all damages, such as medical expenses, future medical expenses, wage loss, and impairment to earning capacity, as well as the non-economic damages, as the, the loss of someone’s enjoyment of life and ability to, to have their everyday pursuits. It can really be quite unfair in certain circumstances.
We’ll see if a constitutional challenge can be undertaken with any success, but right now the cap is $1,250,000.00.