When you’re facing a medical procedure, the last thing on your mind is probably what happens if something goes wrong. But according to attorney Brian Dettman, where you have your surgery can make a significant difference in your legal options if complications occur.
In this video, Dettman explains the difference between Indiana and Kentucky when it comes to medical malpractice lawsuits. Indiana has caps on the amount of damages a patient can recover. Kentucky does not.
What does this mean for patients? In states with damage caps, there’s a limit on how much compensation you can receive – even if your injuries are severe and life-altering. Dettman suggests this creates less accountability for medical providers. When the financial consequences of mistakes are limited, the incentive to avoid those mistakes may be reduced.
For anyone considering a major procedure, especially something as serious as spinal surgery, this is worth thinking about. If your doctor is recommending you travel across state lines for a procedure, it may be worth asking why. The answer might have more to do with liability than with your care.
If you’ve already experienced a medical injury and you’re unsure about your options, consulting with an attorney in your state can help you understand what compensation may be available to you.
Why I’d Never Get Surgery in Indiana: $300,000.00 Damage Caps
If your doctor is pushing Indiana for a procedure there is a reason! I live in Kentucky and I’d never get a medical procedure in Indiana. The consequences aren’t as severe on the other side of the river if something goes haywire because of the caps on damages. #injuryclaim #lawyersoftiktok #lawtok #kentucky #louisville
https://www.tiktok.com/@dettmanlawinjurylawyer/video/7593362448061582622
Indiana has caps on the amount of damages you can get from a lawsuit. Kentucky does not have similar caps. So the doctors are smart, right? They think, let’s go over there – that way if something goes haywire, it’s not as harmful to us. I guess it’s most certainly harmful to the person that is hurt. Kentucky, alternatively, does not have those same caps in place. So from my perspective, it’s safer to get a medical procedure done over here as opposed to taking the risk over there, because the consequences are more serious for the doctors on this side of the river. I was talking to a couple yesterday. She was debating getting a neck surgery. I told her under no circumstances would I ever go to Indiana and get a neck surgery. I would make sure that my doctor performed the surgery on this side of the river to make sure that the doctor was incentivized to do as fantastic a job as humanly possible. It’s just safer over on this side of the river. If your doctor is pushing Indiana for a procedure, there is a reason. I live in Kentucky, and I’d never get a medical procedure in Indiana. The consequences aren’t as severe on the other side of the river if something goes haywire because of the caps on damages.
