South Bend / Mishawaka, IN – After multiple prior attempts, Indiana lawmakers may have finally reached a consensus to raise the total compensation cap under Indiana’s Medical Malpractice Act. This is the first time the cap will be increased since 1999.
The current law permits a total recovery of $1.25 million with a cap of $250,000.00 per provider, per occurrence. The remaining dollars above the provider(s) cap(s) are paid by the Indiana Patient’s Compensation Fund up to a total of $1.25 million.
The new law would increase the limit to $1.65 million in 2017 and to $1.8 million in 2019. The cap of $250,000 per provider, per occurrence will increase to $450,000.
Other key provisions in the Act remain unchanged, notably including the following:
Reaching an agreement was important as lawmakers have had much concern about the vulnerability of the Act to a constitutional challenge.
The bill is currently awaiting Governor Pence’s review. It is, apparently, unclear if Governor Pence will sign the bill.
The content of this article is for information purposes only, and neither contains nor should be considered legal advice.
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