Health Law

Here's how a malpractice cap affects a verdict

In a recent medical malpractice verdict in Indiana a jury awarded $3.7 Million to a young person with cerebral palsy.  Indiana state law reduces that amount to $2 Million under a law that caps verdicts.

Hmmm.  So what that means is that the insurance company gets to fight tooth and nail to keep from paying out and when they lose big then they are still protected.  Their maximum risk is $2 Million.  So who then bears the cost of the medical mistake... The victim.

Here's the Article:

A child was born in 2001 via c-section and is now suffering from cerebral palsy. Her family believes it was a lack of oxygen during birth and that doctors were too slow in her delivery. A jury in Indiana agreed and awarded them $3.7 Million in the medical malpractice case.

Source:  Injuryboard.com

Full post as published by Cerebral Palsy Law Blog on March 12, 2008 (boomark / email).