Indiana Injury Lawyer Blog

Indianapolis Medical Malpractice Lawyers learned a truck driver who had part of his penis amputated lost his Medical Malpractice case against the urologist. The case took place in Kentucky, Indiana's neighbor to the south. The driver, 64 year old Phillip Seaton, claimed Dr. John Patterson didn't show proper care. Also, Seaton alleged he didn't consent to part of his penis being amputated during what was supposed to be a circumcision even though the doctor found cancer in the organ. The jury's decision against Seaton was unanimous.

In testimony during this Medical Negligence lawsuit, Patterson explained he cut off a small part of the penis only after he discovered possibly fatal cancer during the circumcision surgery. A second physician later removed the rest of the organ. On the other hand, Seaton's lawyer claimed Patterson performed a medical error by not stopping the circumcision surgery once he found the cancer, waking the patient, and talking with him about treatment options.

A big issue in this Medical Malpractice case was a consent form for the original surgery i.e. the circumcision. The doctor's attorney claimed that form gave his client permission to handle any medical situations that might arise during surgery. Seaton's lawyer says he plans to appeal the jury's decision, saying a physician can only change a consent for surgery if a patient's chance of dying is immediate.

Seaton was asking for about $16 million dollars in damages had he won this Medical Malpractice case. Kentucky does not have a law limiting the amount of money a medical error victim may win in a Medical Negligence case. However, Indiana does have a law limiting damages in such lawsuits. This limit is known as a "cap." Indiana's Medical Malpractice law is commonly known as INCAP which stands for Indiana Compensation Act for Patients. It was enacted in 1975, and one of its key elements is a limit on damages.

Indiana Medical Malpractice Attorneys at Crossen Kooi are well-versed on the aspects of INCAP and the limit on damages. That limit is currently set at $1.25 million. It has been raised several times over the years. Doctors found guilty of medical negligence would be responsible for the first $250,000 while Indiana's Patient's Compensation Fund would pay $1 million at most in damages. That Patient's Compensation Fund is comprised of money from a surcharge doctors pay to make sure injured patients will receive the money they are awarded. That surcharge varies by the field in which a doctor practices.