Indiana Code
Title 34. Civil Law and Procedure
Article 18. Medical Malpractice

34-18-1-2. Application of Prior Law; Application of Certain Amendments to Prior Law - Sec. 2. (a) The addition of IC 16-9.5-2-2.1, IC 16-9.5-2-2.2,...

Chapter 2. Definitions

34-18-2-1. Application of Definitions - Sec. 1. The definitions in this chapter apply throughout this...

34-18-2-2. Terms of Art - Sec. 2. A legal term or word of art that...

34-18-2-3. Repealed - [Pre-1998 Recodification Citation: 27-12-2-3.] As added by P.L.1-1998, SEC.13. Repealed...

34-18-2-3.5. "Advanced Emergency Medical Technician" - Sec. 3.5. "Advanced emergency medical technician" means an individual who...

34-18-2-4. "Ambulance Service" - Sec. 4. "Ambulance service" means a person who employs: (1)...

34-18-2-4.5. "Anesthesiologist Assistant" - Sec. 4.5. "Anesthesiologist assistant" has the meaning set forth in...

34-18-2-5. "Annual Aggregate" - Sec. 5. "Annual aggregate" means the limitation on a health...

34-18-2-6. "Authority" - Sec. 6. "Authority" refers to the residual malpractice insurance authority...

34-18-2-6.5. "Certified Nurse Midwife" - Sec. 6.5. "Certified nurse midwife" means a registered nurse who...

34-18-2-7. "College", "University", and "Junior College" - Sec. 7. "College, university, or junior college" means an institution...

34-18-2-8. "Commissioner" - Sec. 8. "Commissioner" refers to the insurance commissioner. [Pre-1998 Recodification...

34-18-2-9. "Community Health Center" - Sec. 9. "Community health center" means a provider of primary...

34-18-2-10. "Community Mental Health Center" - Sec. 10. "Community mental health center" means a public or...

34-18-2-11. "Community Intellectual Disability Center" - Sec. 11. "Community intellectual disability center" means a public or...

34-18-2-12. "Emergency Medical Technician" - Sec. 12. "Emergency medical technician" has the meaning set forth...

34-18-2-12.1. Repealed - As added by P.L.205-2003, SEC.41. Repealed by P.L.77-2012, SEC.59.

34-18-2-12.2. Repealed - As added by P.L.205-2003, SEC.42. Repealed by P.L.77-2012, SEC.60.

34-18-2-12.5. "Final Nonappealable Judgment" - Sec. 12.5. "Final nonappealable judgment" means a final judgment with...

34-18-2-13. "Health Care" - Sec. 13. "Health care" means an act or treatment performed...

34-18-2-14. "Health Care Provider" - Sec. 14. "Health care provider" means any of the following:...

34-18-2-15. "Health Facility" - Sec. 15. "Health facility" means a facility licensed under IC...

34-18-2-16. "Hospital" - Sec. 16. "Hospital" means a public or private institution licensed...

34-18-2-17. "Insurer" - Sec. 17. "Insurer" means the authority or an insurance company...

34-18-2-18. "Malpractice" - Sec. 18. "Malpractice" means a tort or breach of contract...

34-18-2-19. Repealed - [Pre-1998 Recodification Citation: 27-12-2-19.] As added by P.L.1-1998, SEC.13. Repealed...

34-18-2-20. "Migrant Health Center" - Sec. 20. "Migrant health center" means a provider of primary...

34-18-2-21. "Paramedic" - Sec. 21. (a) "Paramedic", except as provided in subsection (b),...

34-18-2-22. "Patient" - Sec. 22. "Patient" means an individual who receives or should...

34-18-2-23. "Physician" - Sec. 23. "Physician" means an individual with an unlimited license...

34-18-2-24. "Psychiatric Hospital" - Sec. 24. "Psychiatric hospital" means a private institution licensed under...

34-18-2-24.5. "Qualified Provider" - Sec. 24.5. "Qualified provider" means a health care provider that...

34-18-2-25. "Representative" - Sec. 25. "Representative" means the spouse, parent, guardian, trustee, attorney,...

34-18-2-26. "Risk" - Sec. 26. "Risk" means a health care provider that must...

34-18-2-27. "Risk Manager" - Sec. 27. "Risk manager" means an insurance company that is:...

34-18-2-28. "Tort" - Sec. 28. "Tort" means a legal wrong, breach of duty,...

Chapter 3. Need to Qualify; Qualification Procedure

34-18-3-1. Application of Article - Sec. 1. A health care provider who fails to qualify...

34-18-3-2. Qualifications; Proof of Financial Responsibility; Temporary Licensees - Sec. 2. (a) Except as provided in subsection (b), for...

34-18-3-3. Qualifications; Proof of Officers, Agents, and Employees of Health Care Providers; Temporary Licensees - Sec. 3. (a) Except as provided in subsection (b), the...

34-18-3-4. Claims Against Governmental Entities and Employees - Sec. 4. (a) As used in this section, "employee of...

34-18-3-5. Receipt of Proof of Financial Responsibility and Surcharge; Timeliness of Compliance; Penalties - Sec. 5. (a) Except as provided in subsection (b), the...

34-18-3-6. Notification of Qualification - Sec. 6. Within five (5) business days after the department...

34-18-3-7. Rules; Minimum Annual Aggregate Insurance Amount; Eligibility - Sec. 7. (a) The commissioner shall adopt rules under IC...

Chapter 4. Establishment of Financial Responsibility

34-18-4-1. Establishment of Financial Responsibility - Sec. 1. Financial responsibility of a health care provider and...

34-18-4-2. Security; Manner of Holding; Withdrawal - Sec. 2. Security provided under section 1(2) of this chapter...

34-18-4-3. Hospital Bed Size Determined by Health Department - Sec. 3. For the purposes of section 1 of this...

34-18-4-4. Partners and Members of Professional Corporations - Sec. 4. To establish financial responsibility under this chapter, each...

Chapter 5. Surcharge

34-18-5-1. Annual Surcharge on Health Care Providers - Sec. 1. To create a source of money for the...

34-18-5-2. Amount of Surcharge - Sec. 2. (a) As used in this section, "actuarial program"...

34-18-5-3. Collection of Surcharge; Time for Payment - Sec. 3. (a) The surcharge shall be collected on the...

34-18-5-4. Adoption of Rules; Comparability of Rates - Sec. 4. (a) The commissioner may adopt rules establishing the...

Chapter 6. Patient's Compensation Fund

34-18-6-1. Creation of Fund - Sec. 1. (a) The patient's compensation fund is created to...

34-18-6-2. Protection of Fund; Legal Services; Expenses - Sec. 2. (a) The commissioner, using money from the fund,...

34-18-6-3. Repealed - [Pre-1998 Recodification Citation: 27-12-6-3.] As added by P.L.1-1998, SEC.13. Repealed...

34-18-6-4. Payment of Claims; Time for Payment - Sec. 4. (a) Claims for payment from the patient's compensation...

34-18-6-5. Warrant for Payment From Fund; Vouchers - Sec. 5. The auditor of state shall issue a warrant...

34-18-6-6. Processing of Claims; Conditions of Payment; Settlement - Sec. 6. (a) If an annual aggregate for a health...

34-18-6-7. Exemptions From State Procurement Statutes - Sec. 7. The following are exempt from IC 5-22 governing...

Chapter 7. Statute of Limitations

34-18-7-1. Limitations Period - Sec. 1. (a) This section applies to all persons regardless...

34-18-7-2. Time for Filing Claim; Those Under Legal Disability - Sec. 2. Notwithstanding IC 34-18-1-1, any claim, whether in contract...

34-18-7-3. Tolling of Statute of Limitations; Filing of Proposed Complaint - Sec. 3. (a) The filing of a proposed complaint tolls...

Chapter 8. Commencement of a Medical Malpractice Action

34-18-8-1. Commencement of Action; Complaint - Sec. 1. Subject to IC 34-18-10 and sections 4 through...

34-18-8-2. Fees - Sec. 2. The following fees must accompany each proposed complaint...

34-18-8-3. Demand; Reasonable Damages - Sec. 3. Except for the declaration called for in section...

34-18-8-4. Prerequisites to Commencement of Action; Presentation of Claim to Medical Review Panel - Sec. 4. Notwithstanding section 1 of this chapter, and except...

34-18-8-5. Agreements Not to Present Claims to Medical Review Panels - Sec. 5. Notwithstanding section 4 of this chapter, a claimant...

34-18-8-6. Claims Not Greater Than $15,000; Commencement of Action; Dismissal Without Prejudice - Sec. 6. (a) Notwithstanding section 4 of this chapter, a...

34-18-8-7. Commencement of Action While Claim Being Considered by Medical Review Panel - Sec. 7. (a) Notwithstanding section 4 of this chapter, beginning...

34-18-8-8. Motion to Dismiss Filed by Commissioner - Sec. 8. If action has not been taken in a...

Chapter 9. Reporting and Review of Claims

34-18-9-1. Proposed Complaints; Notice to Named Defendants - Sec. 1. Within ten (10) days after receiving a proposed...

34-18-9-2. Medical Liability Insurers; Notice of Suit to Commissioner - Sec. 2. A medical liability insurer of a health care...

34-18-9-3. Notice of Reserve by Medical Liability Insurer; Report of Final Adjudications and Settlements - Sec. 3. (a) A health care provider's insurer shall notify...

34-18-9-4. Fitness Reviews of Health Care Providers - Sec. 4. (a) The medical review panel (as described in...

Chapter 10. Medical Review Panel

34-18-10-1. Establishment of Medical Review Panels - Sec. 1. This chapter provides for the establishment of medical...

34-18-10-2. Request for Formation of Panels - Sec. 2. Not earlier than twenty (20) days after the...

34-18-10-3. Members; Chairman; Powers and Duties - Sec. 3. (a) A medical review panel consists of one...

34-18-10-4. Selection of Panel Members - Sec. 4. A medical review panel shall be selected in...

34-18-10-5. Eligibility for Panel Membership - Sec. 5. Except for health care providers who are health...

34-18-10-6. Selection of Members by Parties - Sec. 6. Each party to the action has the right...

34-18-10-7. Selection of Panel Members by Multiple Parties - Sec. 7. If there are multiple plaintiffs or defendants, only...

34-18-10-8. Panelists to Be Members of Defendant's Profession - Sec. 8. If there is only one (1) party defendant...

34-18-10-9. Selection Periods; Notification; Selections by Chairman - Sec. 9. Within fifteen (15) days after the chairman is...

34-18-10-10. Challenges to Panel Member Selections - Sec. 10. Within ten (10) days after the selection of...

34-18-10-11. Formation of Panel; Notice to Commissioner and Parties - Sec. 11. When a medical review panel is formed, the...

34-18-10-12. Excusing Members From Service - Sec. 12. (a) A member of a medical review panel...

34-18-10-13. Panel Expert Opinion; Time for Issuance - Sec. 13. (a) The panel shall give its expert opinion...

34-18-10-14. Sanction for Failure to Act as Required by Chapter - Sec. 14. A party, attorney, or panelist who fails to...

34-18-10-15. Removal of Chairman - Sec. 15. (a) The commissioner may remove the chairman of...

34-18-10-16. Removal of Panel Member - Sec. 16. (a) The chairman may remove a member of...

34-18-10-17. Evidence; Oath - Sec. 17. (a) The evidence in written form to be...

34-18-10-18. Communication With Panel by Parties or Their Agents Prohibited - Sec. 18. Neither a party, a party's agent, a party's...

34-18-10-19. Preparation of Opinion by Chairman - Sec. 19. The chairman of the panel shall advise the...

34-18-10-20. Convening and Questioning of Panel - Sec. 20. (a) Either party, after submission of all evidence...

34-18-10-21. Duties of Panel in Conduct of Inquiry; Access to Information - Sec. 21. (a) The panel has the right and duty...

34-18-10-22. Expert Opinions - Sec. 22. (a) The panel has the sole duty to...

34-18-10-23. Report of Panel as Evidence at Trial; Members as Witnesses - Sec. 23. A report of the expert opinion reached by...

34-18-10-24. Immunity From Civil Liability - Sec. 24. A panelist has absolute immunity from civil liability...

34-18-10-25. Compensation of Members - Sec. 25. (a) Each health care provider member of the...

34-18-10-26. Copies of Reports - Sec. 26. The chairman shall submit a copy of the...

Chapter 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery

34-18-11-1. Discovery; Preliminary Rulings - Sec. 1. (a) A court having jurisdiction over the subject...

34-18-11-2. Invoking Jurisdiction of the Court; Issuance of Summons - Sec. 2. (a) A party to a proceeding commenced under...

34-18-11-3. Time for Reply to Motion; Rulings - Sec. 3. (a) Each nonmoving party to the proceeding, including...

34-18-11-4. Stay of Proceedings - Sec. 4. Upon the filing of a copy of the...

34-18-11-5. Enforcement - Sec. 5. The court may enforce its ruling on any...

Chapter 12. Liability Based on Breach of Contract; Informed Consent

34-18-12-1. Health Care Provider Liability; Actions Based on Breach of Contract - Sec. 1. Liability may not be imposed on a health...

34-18-12-2. Informed Consent; Rebuttable Presumption - Sec. 2. If a patient's written consent is: (1) signed...

34-18-12-3. Informed Written Consent; Explanation of Proposed Treatment, Outcome, and Risks - Sec. 3. The explanation given in accordance with section 2(3)...

34-18-12-4. Duty to Obtain Informed Consent - Sec. 4. This chapter does not relieve a qualified health...

34-18-12-5. Withdrawal of Consent - Sec. 5. This chapter does not prevent a patient, after...

34-18-12-6. Writing Not Required - Sec. 6. This chapter does not require that a patient's...

34-18-12-7. Compliance With Chapter - Sec. 7. Compliance with this chapter is not required to...

34-18-12-8. Patient Refusal to Receive Information - Sec. 8. A patient may refuse to receive some or...

34-18-12-9. Consent Not Required; Mental Disability or Emergency - Sec. 9. Sections 2 and 3 of this chapter do...

Chapter 13. Malpractice Coverage

34-18-13-1. Liability Under Chapter Dependent Upon Maintenance of Malpractice Liability Insurance - Sec. 1. Only while malpractice liability insurance remains in force...

34-18-13-2. Acceptance of Article; Filing of Proof of Financial Responsibility - Sec. 2. The filing of proof of financial responsibility with...

34-18-13-3. Policy Terms Limiting Liability Void - Sec. 3. A provision in a policy attempting to limit...

34-18-13-4. Included Policy Provisions - Sec. 4. Every policy issued under this article (or IC...

34-18-13-5. Insurer's Failure to Pay Judgment; Revocation of Policy Form - Sec. 5. If an insurer fails or refuses to pay...

Chapter 14. Limits on Damages

34-18-14-1. "Cost of the Periodic Payments Agreement" Defined - Sec. 1. As used in this chapter, "cost of the...

34-18-14-2. "Periodic Payments Agreement" Defined - Sec. 2. As used in this chapter, "periodic payments agreement"...

34-18-14-3. Recovery Limitations - Sec. 3. (a) The total amount recoverable for an injury...

34-18-14-4. Discharge of Possible Liability; Periodic Payments Agreement - Sec. 4. (a) If the possible liability of the health...

34-18-14-5. Limitations on Recovery From Fund; Direct Payments; Periodic Payments - Sec. 5. (a) If the possible liability of the fund...

Chapter 15. Payment From the Patient's Compensation Fund

34-18-15-1. Discharge of Obligations - Sec. 1. (a) The obligation to pay an amount from...

34-18-15-2. Periodic Payments; Combined Payments - Sec. 2. Notwithstanding IC 34-18-6, the commissioner may: (1) discharge...

34-18-15-3. Demand in Excess of Policy Limits; Procedure - Sec. 3. If a health care provider or its insurer...

34-18-15-4. Failure to Pay Settlement or Judgment - Sec. 4. If a health care provider or the health...

Chapter 16. Evidence of Advanced Payment; Assignability of Claim

34-18-16-1. Advanced Payment Not Admission of Liability - Sec. 1. Except as provided in IC 34-18-15-3, any advance...

34-18-16-2. Admissibility; Payment Exceeds Liability of Defendant; Adjustment of Judgments - Sec. 2. (a) Evidence of an advance payment is not...

34-18-16-3. Claim Not Assignable - Sec. 3. A patient's claim for compensation under this article...

Chapter 17. Residual Malpractice Insurance Authority

34-18-17-1. Purpose of Chapter - Sec. 1. The purpose of this chapter is to make...

34-18-17-2. Residual Malpractice Authority Created - Sec. 2. (a) The residual malpractice insurance authority is created....

34-18-17-3. Appointment of Risk Manager; Liability Limit - Sec. 3. The commissioner shall appoint a risk manager for...

34-18-17-4. Powers and Duties of Risk Manager - Sec. 4. In the administration and provision for malpractice liability...

34-18-17-5. Compensation of Risk Manager - Sec. 5. The risk manager shall receive, as compensation for...

34-18-17-6. Applications for Insurance - Sec. 6. If a risk, after diligent effort, has been...

34-18-17-7. Rejection of Risk by Manager; Appeal - Sec. 7. If the risk manager declines to accept the...

34-18-17-8. Investment of Surplus Premiums Over Losses; Segregation of Funds - Sec. 8. All money appropriated by the state and any...

Chapter 18. Attorney's Fees

34-18-18-1. Limitation on Fees - Sec. 1. When a plaintiff is represented by an attorney...

34-18-18-2. Per Diem Payment by Written Agreement - Sec. 2. A patient has the right to elect to...

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Indiana Code Title 34. Civil Law and Procedure Article 18. Medical Malpractice

Indiana Code
Title 34. Civil Law and Procedure
Article 18. Medical Malpractice