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Wednesday, June 24, 2009
Ind. Decisions - "Medical malpractice awards are an uncommon result in Indiana's long process"
Amanda Harmon reports today in the Indianapolis Star:
Marion County juries awarded high-dollar damages in two medical malpractice cases this month, an unusual occurrence in a state where such judgments are rare.David Lee, 61, Indianapolis, was awarded $1.21 million Friday after suffering chronic foot pain from an unnecessary surgery in 1996. On June 12, jurors awarded Roxxanna Smith, 27, Mooresville, $5 million after miscommunication about X-rays led her to lose a portion of her stomach.
The state's medical malpractice cap means both judgments will shrink, Lee's to $750,000 and Smith's to $1.25 million.
Indiana saw 32 malpractice cases go to trial in 2007, 12 of which ended in favor of the plaintiffs, said Indianapolis trial lawyer Rex Baker of Baker & Gilchrist. He was not involved in either case but has represented plaintiffs in medical malpractice suits.
The ratio was about the same in 2006, when nine of 26 Indiana malpractice cases ended in favor of the plaintiffs.
Before they can sue, Hoosiers claiming malpractice must bring their cases before a three-member medical review board, which can take a year or longer, Baker said. Even if the board decides the case has merit, a trial can take years, and health-care providers are unlikely to settle because the state's cap on damages protects them from the risk of massive judgments, he said.
Posted by Marcia Oddi on June 24, 2009 02:23 PM
Posted to Indiana Courts | Indiana Decisions | Indiana Law