The Indiana Supreme Court unanimously on Tuesday affirmed a trial court’s decision to reduce a wrongful death judgment consistent with the cap imposed by the Indiana Medical Malpractice Act.
The Indiana high court ignored the $64,000 question – the constitutionality of the act – by finding the constitutional challenge was not properly preserved for appeal because the plaintiff waived his right to do so. The reasons for it are pretty boring – Plaintiff supposedly did not notify the trial court of his intent to challenge the constitutionality of the cap before or during the trial.
So the Indiana malpractice cap lives on, for now, and will continue to affect the settlement value of malpractice cases. But there will be another reduced verdict in the near future and the court will be forced to face this issue head-on.