Now, even though his medical expenses and loss of future earnings top $4 million, Indiana’s medical malpractice caps mean that his family won’t see more than $1.25 million if he wins his case. He only has a few months to live, and he is extremely worried about leaving his wife and two children behind without support.
While doctors say that the medical malpractice caps in Indiana make it easier and cheaper for them to practice, some patients say that it allows doctors to get away with mistakes and often leave families without the medical expenses or support that they need. Even when juries decide to give families large awards, they simply do not receive the money, no matter what their circumstances.
Another medical malpractice victim that wants to change the medical malpractice laws is Tim Plank, whose wife died in Community Hospital in 2001. While a jury awarded him and his three children with $8.5 million, they will only receive $1.25. He doesn’t think that the hospital has been held fully responsible.