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Fee cap provision in Med Mal Act does not reduce fund’s liability

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The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act's cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.

The estate of Mable Louise Cochran received excess damages from the fund after it settled an adult wrongful death medical malpractice claim against Cochran’s nursing home for $250,000, the maximum liability of the nursing home under the Medical Malpractice Act. The estate and the fund left it up to the trial court to determine how much in attorney fees the fund should pay the estate.

The estate argued the fund should pay more than $50,000 in attorney fees on the $101,166.89 settlement with the fund. The fund claimed the 15 percent limit on attorney fees imposed by the MMA should be judicially expanded to directly apply to the fund and limit its liability on a basis unrelated to the specific attorney fee claim.

The trial court ordered the fund to pay the estate the $50,000 in attorney fees as the fund’s remaining liability for excess wrongful death damages; the Indiana Court of Appeals reversed and remanded.

On Tuesday, the justices unanimously affirmed the trial court in Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, Deceased, 49S05-1404-CC-209.

The fee cap provision in I.C. 34-18-18-1 says that in malpractice cases, “the plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund.”

“In crafting the language of the Fee Cap Provision, the General Assembly did not direct any reduction in the Fund's liability to a plaintiff, nor any methodology to be employed. Rather, the 15% limitation expressly applies to ‘the plaintiff's attorney's fees.’  That is, the legislature chose language that applied the 15% limit only on the attorney fees that an attorney could charge his or her client on the client's award received from the Fund,” Justice Brent Dickson wrote. “If the legislature intended the 15% limitation to reduce the liability of the Fund to an AWDS claimant, then it would have clearly directed such result, specified the method of calculation to be utilized, and placed the Fee Cap Provision in Chapter 14 of the MMA— the chapter entitled ‘Limits on Damages.’ Principles of judicial restraint compel us to interpret and apply the Fee Cap Provision as written and to refrain from judicially rewriting this legislative enactment.”
 

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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