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Indiana Malpractice Damage Caps Increase on July 1
On July 1, 2019, the caps on damages set by the Indiana Medical Malpractice Act increased for the second time in two years. This increase, which applies to acts of malpractice that occur after June 30, 2019, will complete changes mandated by Senate Enrolled Act 28. The first set of increases went into effect for acts of malpractice occurring after June 30, 2017.
The increases affect both levels of the two-tiered cap system. The first tier limits the amount of damages for which an individual provider can be held liable. This cap increased from $400,000 to $500,000. The second tier limits the total amount of money that a plaintiff can recover from both an individual provider and the Patient’s Compensation Fund (“PCF”). This cap increased from $1,650,000 to $1,800,000. I.C. § 34-18-14-3. A plaintiff may petition the PCF for recovery only if a plaintiff seeks recovery above the limits of the cap on an individual provider.