Is There a Cap on Medical Malpractice Damages?

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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, the loss of someone’s enjoyment of life and ability 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.

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