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Indiana court allows man to challenge malpractice cap law

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The Indiana Court of Appeals will allow a man to challenge a 1975 law which caps malpractice claims at just $500,000.

According to a report WRTV-TV in Indianapolis, Timothy Plank believes a series of malpractice blunders led to the untimely death of his wife, Debbie. He believes doctors waited too long to order an intestinal surgery and his wife passed away prior to the procedure.

Two years ago he was awarded a total of $8.5 million by a jury in his malpractice claim but is capped by the Indiana law, leaving $7.25 million unclaimed.

Debbie Plank died while staying at Community North hospital in Indianapolis, the report indicates. A hospital spokesperson told the source the state court granted Plank an evidentiary hearing to challenge the “constitutionality” of the malpractice cap law.

The law was passed nearly 40 years ago based on the notion that a cap on “runaway” jury awards would prevent doctors and highly-trained medical professionals from leaving the state. These caps, however, usually only harm the victims of medical malpractice and a half-million dollars is more often barely enough to cover the medical costs associated with malpractice and never fair in the case of wrongful death.

breakinglawsuitnews.com disclaimer: This article: Indiana court allows man to challenge malpractice cap law was posted on Friday, October 28th, 2011 at 3:18 am at breakinglawsuitnews.com and is filed under Medical Malpractice Lawsuits.

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