Sweeney Law Firm Video Library

Update on Indiana's Cap on Medical Malpractice Damages

Video from Indiana medical malpractice lawyer Dave Farnbauch on an update to Indiana's cap on medical malpractice damages.

The video discusses the possible changing of the Indiana medical malpractice cap on damages.  A bill was introduced last year that was going to raise the current cap of 1.25 million, which it has been since 1998.   So the same cap has been in place now for 17 years.

The cap was going to be raised to $1,650,000 but that did not pass last year. Another bill was briefly introduced this year that has not passed but its possible that a bill does get passed this year. 

The Indiana Supreme Court could rule that the cap is unconstitutional and could vacate the entire cap on damages. This is what the insurance companies are most worried about, that the Supreme Court would rule against the cap and eliminate the cap. 


The medical malpractice cap in Indiana started in 1975 and started out at $500,000. It then increased to $750,000 and then went to the current $1,250,000 in 1998.  Nothing has changed since then, so its time the Indiana medical malpractice cap in damages increases. 

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