What Is My Claim Worth? Is There A Cap On Damages?
In Indiana, medical malpractice claims are governed by the Indiana Medical Malpractice Act. When I meet with clients, one of the questions they typically ask is, what is my claim worth? That is a difficult question to answer because it depends on a lot of different variables that are specific to each case. But one thing I can tell them is that the damages are capped in a medical malpractice claim. The statute limits how much any patient can recover for an act of malpractice to $1.25 million. These damages come in two sections.
First, the health care provider which may be a doctor or a hospital, their damages are capped at $250,000. Typically, when you’re bringing the claim, you are going over whether or not that health care provider is liable and whether they will have to pay that damage. If you get your claim resolved with the health care provider, then you take the next step and go to the state government, there’s a fund set up called the Indiana Patient’s Compensation Fund. At that point, you are trying to show the state the value of your claim up to another million dollars.