The House Judiciary Committee heard SB 28 on the maximum height of certain fences sponsored by Rep. Koch and Rep. Steuerwald. The bill was stripped and medical malpractice issues were inserted. Author Sen. Steele explained this bill allows a plaintiff to commence a “direct file” action against a health care provider without submitting a proposed complaint to a medical review panel if the plaintiff’s recovery totals $35,000 or less. It also provides a formula for periodic payment agreements and increases the amount of recoverable damages for injury or death to a patient from $1,250,000 to: (1) $1.65 million on January 1, 2017; (2) $1.80 million on January 1, 2019; (3) $1.95 million on January 1, 2023; (4) $2.10 million on January 1, 2027, and (5) $2.25 million on January 1, 2031. Additionally, it requires the 2032 legislative assembly to review the following topics: (1) the “direct file” threshold amount; (2) the total amount of recoverable damages for injury or death to a patient; and (3) health care provider liability limits. The bill provides that attorney fees may not exceed 32% of the total recovery.
Testimony was heard from the Indiana Chamber of Commerce, the Indiana State Medical Association and various other practitioners and medical associations in support of the initial cap increase but opposed to any future cap increases in this bill. The amendment was adopted by consent. The amended bill passed 11-1.
Read the bill at https://iga.in.gov/legislative/2016/bills/senate/28