Indiana Medical Malpractice Law Slashes Verdict
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A woman died of complications from a mechanical bowel obstruction that had perforated; the woman's estate blamed her death on the hospital fo rtemporarily misplacing a radiological film that would have revealed the seriousness of her condition and on her surgeon for failing to operate promptly.
The woman was admitted to the hospital ICU with severe abdominal pain. Her surgeon and attending physician were unaware that the hospital did an x-ray several days earlier that revealed a mechanical small bowel obstruction. This condition is considered a medical emergency that requires immediate surgery. However, the hospital misplaced the x-ray.
Her condition continued to deteriorate. She became septic, developed acute respiratory distress syndrome and was placed on life support. Tragically, she died shortly thereafter.
The case was tried in Indianapolis, Indiana. The jury found in favor of the defendant doctor, but awarded damages against the hospital in the amount of $8,500,000.00. Under Indiana law, the court reduced the award to the statutory maximum of $1,250,000.00. The jury was not allowed to know about this statutory limit.
How would you feel if this happened to your wife, daughter or mother? Would you willingly agree that the state legislature should place an arbitrary legal limit on the value of your loved one's life?
The other interesting aspect of a case like this, that the jury is not allowed to know, is that the hospital is only responsible up to $250,000.00. So, regardless of how horrible the injury, or how reckless their behavior, that is the most they can be held accountable for. Above that, there is a state fund that is responsible for up to an additional $1,000,000.00 for the total of $1,250,000.00.
With such a limit of damages, what incentive does a doctor or hospital have to negotiate a reasonable settlement? Since doctors and hospitals win most medical malpractice trials anyway, they have the exact opposite incentive - make injured victims go to trial on every case. They have nothing to lose and the odds are in their favor to win anyway.
This is one of the effects of placing arbitrary caps on damages. Would you call this "fair" if it were your family member?