Indiana medical malpractice lawyers have heard the arguments in the ongoing healthcare debate: If you limit what injured patients can recover in malpractice suits, you will lower health care costs. The problem with the argument is it’s just not true.
For more than 30 years, Indiana has had tort reform in the area of medical malpractice. In fact, Indiana has one of the most stringent medical malpractice laws in the nation. Indiana patients injured as a result of a doctor’s negligence are limited to a maximum award of $1.25 million. Even if the doctor’s negligence has caused the patient to incur medical bills and suffer lost wages far in excess of that figure, the patient’s recovery is capped at $1.25 million. When the malpractice act was first enacted in 1975, the cap was only $500,000. From 1990 through 1999, the cap was $750,000.
Despite these strict caps, the cost of health care in Indiana has risen at a rate faster than the national average during the period of time that the caps have been in place. Clearly, limiting patient’s rights to recover for their injuries has had little or no impact on the cost of health care in Indiana.
The Indiana medical malpractice lawyers at Garau Germano Hanley & Pennington, P.C. are fighting to protect patients’ rights to recover for injuries suffered at the hands of negligent healthcare providers. If you have a medical malpractice case you would like to discuss, contact us for a free consultation.