The Indiana state law that places a cap on medical malpractice damages is about to be challenged by a man who lost his wife due to medical negligence.
The husband of Debbie Plank, the 47 year old mother of three, sued Community Hospital North after the hospital failed to deliver an X-ray to doctors in a timely manner. The X-ray revealed that Plank had a dangerous bowel obstruction and the delay in delivery subsequently delayed the emergency surgery which could have saved her life. Instead, Plank slipped into a coma and died.
The jury ruled in favor of Plank’s widower, awarding him a settlement of $8.5 million. The state damages cap, however, reduced the award to $1.25 million, the maximum allowed under the law. Plank’s husband, Tim, isn’t satisfied and is planning to challenge the law.
It’s not so much about the money, according to Plank. It’s about the lack of apology and accountability on the part of the hospital that caused Tim Plank to sue in the first place. But he also feels that the state should not place a lower value on the life of his wife, who died solely as a result of a medical error.
Plank plans to place the bulk of whatever he is awarded, be it the full $8.5 million, or the reduced amount, into a foundation in his wife’s name which will used to award scholarships to local students.
Further information will be reported here as it becomes available.
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