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Medical Malpractice Archives

Indiana Medical Malpractice Cases Are Tough to Win

Patients pursuing medical malpractice claims in Indiana and elsewhere face long odds of winning at trial. According to the U.S. Department of Justice's Bureau of Justice Statistics, patients won only 22.7% of all medical malpractice cases tried in the United States in 2005. In contrast, plaintiffs won 56% of all general civil litigation trials in the same period. (This would include claims from automobile accidents, animal attacks, premises claims, etc.)

Does Indiana's Medical Malpractice Act Cover Claims for Emotional Distress?

Medical errors can often cause severe physical injuries. However, the physical toll caused by medical malpractice is often exceeded by the emotional toll. In Indiana, lawyers for health care providers and their insurers are currently arguing that doctors and hospitals should be immune from claims for emotional distress resulting from medical malpractice. Our law firm, Garau Germano Hanley & Pennington, P.C., is fighting to protect patients' rights to recover for their emotional injuries.

The Indiana Medical Malpractice Act's damages cap -- Time for a raise?

When the Indiana Medical Malpractice Act was enacted in 1975, one of its most notable features was the hard cap it placed on an injured patient's right to recovery. No matter how badly injured the patient was by the malpractice; no matter how much income the patient lost as a result of the malpractice; and no matter how many medical bills the patient incurred as a result of the malpractice, the most that the patient could recover as a result of the malpractice was $500,000.