An Indiana widower will have an opportunity to challenge the state’s cap on medical malpractice damage awards that’s been law since 1975. The appeals court ruling will allow Timothy Plank to challenge the constitutionality of the state law. Plank filed a lawsuit after his wife died at Community North Hospital. According to the lawsuit, his wife Debbie died after doctors waited too long to perform intestinal surgery.
In 2009, a jury awarded Plank $8.5 million, $7.25 million more than the state’s cap on malpractice damages allows.
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