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Indiana Accident News

Widower Challenges Indiana Medical Malpractice Damages Caps

Posted on Nov 27, 2011

The Indiana Court of Appeals will allow a Hancock County man to challenge the constitutionality of Indiana's medical malpractice law that caps damage restitution regardless of the severity of the medical mistake or cost of the error.

According to Indiana news sources, 47-year-old Debbie Plank went to the emergency room in 2001 complaining of severe abdominal pain. Although tests revealed a blockage, doctors did not perform surgery. Information about her blocked bowel was lost and by the time she was operated on, her medical condition was fatal. In 2009, an Indianapolis jury awarded her husband, Timothy Plank, $8.5 million in damages. However, due to Indiana medical malpractice laws, he can only collect $1.25 million.

Now, the Indiana Court of Appeals has ruled that Plank is entitled to an evidentiary hearing. While some are encouraged that the state will revisit the validity of this law, others believe that the caps are an important aspect of tort reform and help control runaway juries.

The Indiana medical malpractice cap was instated in 1975 in order to combat high insurance premiums for doctors and keep physicians in the state. However, many believe that the law is unconstitutional and some believe that the caps harm injury victims and lead to more doctor mistakes.