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CARTER v. U.S.

No. 92-1940.

982 F.2d 1141 (1992)

Thomas CARTER and Colleen Carter, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 29, 1992.

Attorney(s) appearing for the Case

Barry D. Rooth, Theodoros, Theodoros & Rooth, Merrillville, IN, for plaintiffs-appellants.

Clifford D. Johnson, Asst. U.S. Atty., Office of the United States Attorney, South Bend, IN, Irene M. Solet, Robert S. Greenspan, Michael S. Raab, Department of Justice, Civil Division, Washington, DC, for defendant-appellee.

Before COFFEY and EASTERBROOK, Circuit Judges, and LAY, Senior Circuit Judge.

EASTERBROOK, Circuit Judge.

Indiana has set limits on damages in cases of medical malpractice. A person injured by poor medical care may not recover more than $100,000 from a health care provider that has established its financial responsibility and paid an annual fee; the victim may recover an additional sum from the pool funded by these fees. Ind.Code §§ 16-9.5-2-1, 16-9.5-2-2. Today the victim's maximum recovery is $750,000, and over the long run this...

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