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.