A Marion County Indiana jury has ordered several doctors and health care providers in Indianapolis to pay $5 million to a woman with a ruptured diaphragm who was misdiagnosed in 2000. The misdiagnosis led to the removal of a third of her stomach and ongoing complications, an attorney for the woman said. State medical malpractice caps will limit the award to $1.25 million.
A jury in Muncie, Indiana ordered a medical clinic to pay $2.75 million to a woman for failing to test a tumor for cancer that was removed from the Plaintiff’s foot. A separate doctor later found that a second tumor removed from her foot was malignant. Jurors also awarded an additional $500,000 to the woman’s husband for a total of $3.25. million. As mentioned in a previous Accident and Injury Lawyer Blog post, Indiana law caps damages in malpractice cases at $1.25 million.
Congratulations to the Plaintiffs’ medical malpractice lawyer Scott L. Starr of Logansport, Indiana, particularly given that the Plaintiff is now reportedly – thank God – cancer free. I would have second guessed the decision to bring a loss of consortium claim in a medical malpractice case like this but he apparently made it work.
An Indiana jury awarded the family of a former Inland Steel security supervisor, who died of an abdominal aortic aneurysm, $4.45 million in a lawsuit brought against a St. Catherine’s Hospital emergency room doctor. The patient had the aneurysm about 12 hours after being discharged from the hospital with kidney stones, according to Plaintiffs’ medical malpractice lawyer Holly Wojcik. Plaintiffs’ claim was that the man’s death could have been avoided had the ER doctor ordered a CT scan as required by the standard of care given the patient’s symptoms.
In these cases, I wish reporters would report how much is actually recoverable in these medical malpractice cases because the verdicts are misleading. The Indiana Medical Malpractice Act limits recoverable damages to $1,250,000.00 in Indiana medical malpractice cases. This is one of the worst medical malpractice caps in the country because it caps damages in the worst medical malpractice cases. People with smaller medical malpractice claims – the ones that likely need the recovery the least – are untouched by the cap. But if a child suffers a serious brain injury and requires millions of dollars in future medical bills, the child’s claim is capped at $1,250,000. It makes absolutely no sense.