Indiana Jury Awards $4.45 Million… But Not Really

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.

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