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For victims of medical malpractice in the state of Indiana, there is a cap on what damages can be received to cover lost future wages, medical bills and pain and suffering. That cap is $400,000 – a paltry amount compared to the often devastating and catastrophic lifelong changes that medical negligence victims face. If a bill passes through the Indiana Senate, though, that cap may be changed – taking it from $400,000 to $1.65 million, with a provision for the cap to be adjusted every four years to account for inflation. If passed, this increase would be the first for Indiana in 17 years, a time period in which medical costs have skyrocketed.

But why now?

Potential Ulterior Motives in Raising the Medical Malpractice Damages Cap

In 2013, a jury verdict awarded $15 million to a medical malpractice victim who was left quadriplegic and unable to speak. Because of the cap, her rightful damage award was slashed to $400,000. Now, a Vanderburgh County judge is considering using this case to challenge the very constitutionality of medical malpractice caps in Indiana, which could potentially eliminate the cap entirely.

When you put it that way, the ulterior motive behind the bill becomes clear – by putting forth this small change, proponents hope to snuff out the fire that could lead to the total elimination of caps. In fact, this much was admitted by Sen. Brent Steele of Bedford.

In the last several years, eight states have struck down unconstitutional laws capping the amount of non-economic damages that medical malpractice victims can receive. In most cases, the reasoning has to do with the unfair and illogical burdens placed on injured parties as well as the fact that imposing these caps on juries unconstitutionally interferes with their place in the legal system.

Raising the caps is not enough. The caps should not exist.

Our Indianapolis medical malpractice attorneys have won multimillion dollar verdicts for victims of medical negligence.

The post Will Indiana Raise Medical Malpractice Caps? appeared first on Doehrman Buba - Indianapolis Injury Attorneys With Decades of Success.

Sat, Feb 06, 2016
Source: Doehrman Chamberlain

We brought you the story of the Fort Lauderdale plane fire that has the airline industry reexamining their safety and inspection protocols. Now the Federal Aviation Administration and the National Transportation Safety Board have released new findings to shed light on the fire and the moments leading up to the accident. Clarifying The Fort Lauderdale Plane Fire Investigators discovered that the fuel supply line in the engine that caught on fire had somehow come loose. After surveying the plane's maintenance logs, officials were determined that the area containing the fuel line had not been inspected before the scheduled flight. It has not been made clear if this was an oversight, or if the inspection procedure excluded this area. The NTSB's preliminary report also revealed that the fire never made it into the cabin section of the airplane, which brings into question reports that one passenger sustained severe burns. The report...
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The post New NTSB Report Clarifies The Fort Lauderdale Plane Fire appeared first on Colson Hicks Eidson.

Sat, Feb 06, 2016
Source: Colson Hicks Eidson
Photo of car accident brain injury scans

In the coming days, the U.S. House Energy and Commerce committee will begin a series of discussions regarding concussions. The original plans would have placed the first meeting on January 25, but due to Winter Storm Jonas and other cold-related issues, it was postponed.

The first roundtable will be exploratory, dealing with the basics of concussions including the biology and function of the brain, the causes of concussions, different types of traumatic brain injury and how victims are affected both behaviorally and medically.

The direction that the next few meetings take will be dependent on how the attendees, which include members of the National Institute of Health, NFL, NCAA and neuropsychologists from the University of Pittsburgh Medical Center, feel it is best to move forward. Given that the committee's focus is on manufacturing and commerce, preliminary ideas for moving forward include examining current helmet and hard hat design to determine how manufacturers and designers can better protect users against traumatic brain injury.

TBI News at Home

While the federal government holds its series of discussions on concussions and the best course of action to take for prevention, the state government in Indiana also is considering new laws regarding student athletes. Indiana Senate Bill 234 would require expanding the current laws regarding concussions for high school student athletes to middle school students as well. Additionally, SB 234 would require concussion-related courses for coaches of all sports, not just football as the current law dictates.

And in the House, Indiana House Bill 1120 has been put forward. HB 1120 would, among other things, require that all schools establish “return-to-learn” protocols for all students, not just athletes. Return-to-learn policies require students who suffer concussions to follow an established plan to promote concussion recovery before being able to return to school.

The nationally board certified trial advocates at Doehrman Buba are dedicated to helping you recover for your pain and suffering, medical expenses, lost wages and other hardships associated with TBI.

The post The TBI Conversation Reaches Washington, D.C. appeared first on Doehrman Buba - Indianapolis Injury Attorneys With Decades of Success.

Fri, Feb 05, 2016
Source: Doehrman Chamberlain

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Close-up image of man having arm bandaging

For victims of medical malpractice in the state of Indiana, there is a cap on what damages can be received to cover lost future wages, medical bills and pain and suffering. That cap is $400,000 – a paltry amount compared to the often devastating and catastrophic lifelong changes that medical negligence victims face. If a bill passes through the Indiana Senate, though, that cap may be changed – taking it from $400,000 to $1.65 million, with a provision for the cap to be adjusted every four years to account for inflation. If passed, this increase would be the first ...Read More

Sat, Feb 06, 2016
Source: Doehrman Chamberlain