reglab/housing_qa huggingface dataset:
IN Code § 34-18-14-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 14. Limits on Damages|34-18-14-2. "Periodic Payments Agreement" Defined

Sec. 2. As used in this chapter, "periodic payments agreement" means a contract between a health care provider (or its insurer) and the patient (or the patient's estate), under which the health care provider is relieved from possible liability in consideration of:(1) a present payment of money to the patient (or the patient's estate); and(2) one (1) or more payments to the patient (or the patient's estate) in the future;whether or not some or all of the payments are contingent upon the patient's survival to the proposed date of payment.[Pre-1998 Recodification Citation: 27-12-14-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-14-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 14. Limits on Damages|34-18-14-3. Recovery Limitations

Sec. 3. (a) The total amount recoverable for an injury or death of a patient may not exceed the following:(1) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs before January 1, 1990.(2) Seven hundred fifty thousand dollars ($750,000) for an act of malpractice that occurs:(A) after December 31, 1989; and(B) before July 1, 1999.(3) One million two hundred fifty thousand dollars ($1,250,000) for an act of malpractice that occurs:(A) after June 30, 1999; and(B) before July 1, 2017.(4) One million six hundred fifty thousand dollars ($1,650,000) for an act of malpractice that occurs:(A) after June 30, 2017; and(B) before July 1, 2019.(5) One million eight hundred thousand dollars ($1,800,000) for an act of malpractice that occurs after June 30, 2019.(b) A health care provider qualified under this article (or IC 27-12 before its repeal) is not liable for an amount in excess of the following:(1) Two hundred fifty thousand dollars ($250,000) for an act of malpractice that occurs:(A) after June 30, 1999; and(B) before July 1, 2017.(2) Four hundred thousand dollars ($400,000) for an act of malpractice that occurs:(A) after June 30, 2017; and(B) before July 1, 2019.(3) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs after June 30, 2019.(c) Any amount due from a judgment or settlement that is in excess of the total liability of all liable health care providers, subject to subsections (a), (b), and (d), shall be paid from the patient's compensation fund under IC 34-18-15.(d) If a health care provider qualified under this article (or IC 27-12 before its repeal) admits liability or is adjudicated liable solely by reason of the conduct of another health care provider who is an officer, agent, or employee of the health care provider acting in the course and scope of employment and qualified under this article (or IC 27-12 before its repeal), the total amount that shall be paid to the claimant on behalf of the officer, agent, or employee and the health care provider by the health care provider or its insurer is the following:(1) Two hundred fifty thousand dollars ($250,000) for an act of malpractice that occurs:(A) after June 30, 1999; and(B) before July 1, 2017.(2) Four hundred thousand dollars ($400,000) for an act of malpractice that occurs:(A) after June 30, 2017; and(B) before July 1, 2019.(3) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs after June 30, 2019.The balance of an adjudicated amount to which the claimant is entitled shall be paid by other liable health care providers or the patient's compensation fund, or both.[Pre-1998 Recodification Citation: 27-12-14-3.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.14; P.L.182-2016, SEC.9.
IN Code § 34-18-14-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 14. Limits on Damages|34-18-14-4. Discharge of Possible Liability; Periodic Payments Agreement

Sec. 4. (a) If the possible liability of the health care provider to the patient is discharged solely through an immediate payment, the limitations on recovery from a health care provider stated in section 3(b) and 3(d) of this chapter apply.(b) If the health care provider agrees to discharge its possible liability to the patient through a periodic payments agreement, the amount of the patient's recovery from a health care provider in a case under this subsection is the amount of any immediate payment made by the health care provider or the health care provider's insurer to the patient, plus the cost of the periodic payments agreement to the health care provider or the health care provider's insurer. For the purpose of determining the limitations on recovery stated in section 3(b) and 3(d) of this chapter and for the purpose of determining the question under IC 34-18-15-3 of whether the health care provider or the health care provider's insurer has agreed to settle its liability by payment of its policy limits, the sum of the present payment of money to the patient (or the patient's estate) by the health care provider (or the health care provider's insurer) plus the cost of the periodic payments agreement expended by the health care provider (or the health care provider's insurer) must exceed:(1) one hundred eighty-seven thousand dollars ($187,000) for an act of malpractice that occurs:(A) after June 30, 1999; and(B) before July 1, 2017; and(2) seventy-five percent (75%) of the maximum amount a health care provider is responsible for under section 3(b) and 3(d) of this chapter for an act of malpractice that occurs after June 30, 2017.(c) More than one (1) health care provider may contribute to the cost of a periodic payments agreement, and in such an instance the sum of the amounts expended by each health care provider for immediate payments and for the cost of the periodic payments agreement shall be used to determine whether the requirement in subsection (b) has been satisfied. However, one (1) health care provider or its insurer must be liable for at least fifty thousand dollars ($50,000).[Pre-1998 Recodification Citation: 27-12-14-4.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.15; P.L.182-2016, SEC.10.
IN Code § 34-18-14-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 14. Limits on Damages|34-18-14-5. Limitations on Recovery From Fund; Direct Payments; Periodic Payments

Sec. 5. (a) If the possible liability of the fund to the patient is discharged solely through a direct payment made under IC 34-18-15-1, the limitations on recovery from the patient's compensation fund established under section 3 of this chapter apply without adjustment.(b) If an agreement is made to discharge the fund's possible liability to the patient through a periodic payments agreement, the amount of the patient's recovery from the fund is:(1) the amount of any immediate payment made directly to the patient from the fund; plus(2) the cost of the periodic payments agreement paid by the commissioner on behalf of the fund;for the purposes of the limitations on recovery from the fund established under section 3 of this chapter.[Pre-1998 Recodification Citation: 27-12-14-5.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-15-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|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 the patient's compensation fund under IC 34-18-14-3(c), IC 34-18-6-6, or section 3 of this chapter (or IC 27-12-14-3(c), IC 27-12-6-6, or IC 27-12-15-3 before their repeal) may be discharged as follows:(1) Payment in one (1) lump amount.(2) An agreement requiring periodic payments from the fund over a period of years.(3) The purchase of an annuity payable to the patient.(4) Any combination of subdivisions (1), (2), and (3).(b) The commissioner may contract with approved insurers to insure the ability of the fund to make periodic payments under subsection (a)(2).[Pre-1998 Recodification Citation: 27-12-15-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-15-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 15. Payment From the Patient's Compensation Fund|34-18-15-2. Periodic Payments; Combined Payments

Sec. 2. Notwithstanding IC 34-18-6, the commissioner may:(1) discharge the possible liability of the patient's compensation fund to a patient through a periodic payments agreement (as defined in IC 34-18-14-2); and(2) combine money from the fund with money of the health care provider (or its insurer) to pay the cost of the periodic payments agreement with the patient (or the patient's estate). However, the amount provided by the commissioner may not exceed eighty percent (80%) of the total amount expended for the agreement.[Pre-1998 Recodification Citation: 27-12-15-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-15-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 15. Payment From the Patient's Compensation Fund|34-18-15-4. Failure to Pay Settlement or Judgment

Sec. 4. If a health care provider or the health care provider's surety or liability insurance carrier fails to pay any agreed settlement or final judgment within ninety (90) days, the agreed settlement or final judgment shall be paid from the patient's compensation fund, and the fund shall be subrogated to any and all of claimant's rights against the health care provider, the health care provider's surety or liability insurance carrier, or both, with interest, reasonable costs, and attorney's fees.[Pre-1998 Recodification Citation: 27-12-15-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-16-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|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 payment made by the defendant health care provider or the health care provider's insurer to or for the plaintiff or any other person may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else in an action brought for medical malpractice.[Pre-1998 Recodification Citation: 27-12-16-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-16-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 16. Evidence of Advanced Payment; Assignability of Claim|34-18-16-2. Admissibility; Payment Exceeds Liability of Defendant; Adjustment of Judgments

Sec. 2. (a) Evidence of an advance payment is not admissible until there is a final judgment in favor of the plaintiff. In this case the court shall reduce the judgment to the plaintiff to the extent of the advance payment. The advance payment inures to the exclusive benefit of the defendant or the defendant's insurer making the payment.(b) If the advance payment exceeds the liability of the defendant or the insurer making the advance payment, the court shall order any adjustment necessary to equalize the amount that each defendant is obligated to pay, exclusive of costs. An advance payment in excess of an award is not repayable by the person receiving the advance payment.[Pre-1998 Recodification Citation: 27-12-16-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-16-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 16. Evidence of Advanced Payment; Assignability of Claim|34-18-16-3. Claim Not Assignable

Sec. 3. A patient's claim for compensation under this article is not assignable.[Pre-1998 Recodification Citation: 27-12-16-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-1. Purpose of Chapter

Sec. 1. The purpose of this chapter is to make malpractice liability insurance available to risks (as defined in this article).[Pre-1998 Recodification Citation: 27-12-17-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-2. Residual Malpractice Authority Created

Sec. 2. (a) The residual malpractice insurance authority is created.(b) The department of insurance is designated as the residual malpractice insurance authority for the purposes of this article.(c) The authority may engage in making malpractice liability insurance, as described in IC 27-1-5-1, Class 2(h), in Indiana.[Pre-1998 Recodification Citation: 27-12-17-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-3. Appointment of Risk Manager; Liability Limit

Sec. 3. The commissioner shall appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager are not liable for or subject to use or expenditure for the purpose of providing insurance by the authority.[Pre-1998 Recodification Citation: 27-12-17-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-4. Powers and Duties of Risk Manager

Sec. 4. In the administration and provision for malpractice liability insurance by the authority, the risk manager shall do the following:(1) Obey all Indiana statutes and rules that apply to insurance described in IC 27-1-5-1, Class 2(h).(2) Prepare and file appropriate forms with the department of insurance.(3) Prepare and file premium rates with the department of insurance.(4) Perform the underwriting function.(5) Dispose of all claims and litigations arising out of insurance policies.(6) Maintain adequate books and records.(7) File an annual financial statement regarding its operations under this chapter with the department of insurance on forms prescribed by the commissioner.(8) Obtain private reinsurance for the authority, if necessary.(9) Prepare and file for approval of the commissioner a schedule of agent's compensation.(10) Prepare and file a plan of operations with the commissioner for approval.[Pre-1998 Recodification Citation: 27-12-17-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-5. Compensation of Risk Manager

Sec. 5. The risk manager shall receive, as compensation for services, a percentage of all premiums received by the risk manager under this chapter, as determined by the commissioner. The rate of compensation may be adjusted by the commissioner.[Pre-1998 Recodification Citation: 27-12-17-5.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-6 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-6. Applications for Insurance

Sec. 6. If a risk, after diligent effort, has been declined by at least two (2) insurers, the risk may forward an application to the risk manager, together with evidence of the two (2) declinations.[Pre-1998 Recodification Citation: 27-12-17-6.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-7 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-7. Rejection of Risk by Manager; Appeal

Sec. 7. If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the commissioner. The applicant has ten (10) days after the date of notice to file an appeal for review by the commissioner. On appeal, the commissioner shall review the decision of the risk manager and enter an appropriate order.[Pre-1998 Recodification Citation: 27-12-17-7.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-17-8 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 17. Residual Malpractice Insurance Authority|34-18-17-8. Investment of Surplus Premiums Over Losses; Segregation of Funds

Sec. 8. All money appropriated by the state and any surplus of premiums over losses and expenses received by the authority shall be placed in a segregated fund and shall be invested and reinvested by the commissioner within the limitations set forth in IC 27-1-13. Investment income generated shall remain in the segregated fund.[Pre-1998 Recodification Citation: 27-12-17-8.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-18-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 18. Attorney's Fees|34-18-18-1. Limitation on Fees

Sec. 1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff's claim subject to IC 34-18-8-4, the plaintiff's attorney's fees may not exceed, for an act of malpractice committed:(1) before July 1, 2017, fifteen percent (15%) of any recovery from the fund; and(2) after June 30, 2017, thirty-two percent (32%) of any recovery under IC 34-18-14-3.[Pre-1998 Recodification Citation: 27-12-18-1.]As added by P.L.1-1998, SEC.13. Amended by P.L.182-2016, SEC.12.
IN Code § 34-18-18-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 18. Attorney's Fees|34-18-18-2. Per Diem Payment by Written Agreement

Sec. 2. A patient has the right to elect to pay for the attorney's services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment.[Pre-1998 Recodification Citation: 27-12-18-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-20-1-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 1. General Provisions|34-20-1-1. Application of Article

Sec. 1. This article governs all actions that are:(1) brought by a user or consumer;(2) against a manufacturer or seller; and(3) for physical harm caused by a product;regardless of the substantive legal theory or theories upon which the action is brought.[Pre-1998 Recodification Citation: 33-1-1.5-1.]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-1-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 1. General Provisions|34-20-1-2. Remedies Cumulative

Sec. 2. This article shall not be construed to limit any other action from being brought against a seller of a product.[Pre-1998 Recodification Citation: 33-1-1.5-3(d) part.]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-1-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 1. General Provisions|34-20-1-3. Severability

Sec. 3. If a provision of this article or its application to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications, and to this end the provisions of this article are severable.[Pre-1998 Recodification Citation: 33-1-1.5-7.]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-1-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 1. General Provisions|34-20-1-4. Effective Date

Sec. 4. This article does not apply to a cause of action that accrues before June 1, 1978.[Pre-1998 Recodification Citation: 33-1-1.5-8.]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-2-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 2. Product Liability Actions|34-20-2-1. Grounds for Action

Sec. 1. Except as provided in section 3 of this chapter, a person who sells, leases, or otherwise puts into the stream of commerce any product in a defective condition unreasonably dangerous to any user or consumer or to the user's or consumer's property is subject to liability for physical harm caused by that product to the user or consumer or to the user's or consumer's property if:(1) that user or consumer is in the class of persons that the seller should reasonably foresee as being subject to the harm caused by the defective condition;(2) the seller is engaged in the business of selling the product; and(3) the product is expected to and does reach the user or consumer without substantial alteration in the condition in which the product is sold by the person sought to be held liable under this article.[Pre-1998 Recodification Citation: 33-1-1.5-3(a).]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-2-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 2. Product Liability Actions|34-20-2-2. Exercise of Reasonable Care; Privity

Sec. 2. The rule stated in section 1 of this chapter applies although:(1) the seller has exercised all reasonable care in the manufacture and preparation of the product; and(2) the user or consumer has not bought the product from or entered into any contractual relation with the seller.However, in an action based on an alleged design defect in the product or based on an alleged failure to provide adequate warnings or instructions regarding the use of the product, the party making the claim must establish that the manufacturer or seller failed to exercise reasonable care under the circumstances in designing the product or in providing the warnings or instructions.[Pre-1998 Recodification Citation: 33-1-1.5-3(b).]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-2-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 2. Product Liability Actions|34-20-2-3. Strict Liability of Manufacturer

Sec. 3. A product liability action based on the doctrine of strict liability in tort may not be commenced or maintained against a seller of a product that is alleged to contain or possess a defective condition unreasonably dangerous to the user or consumer unless the seller is a manufacturer of the product or of the part of the product alleged to be defective.[Pre-1998 Recodification Citation: 33-1-1.5-3(c).]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-2-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 2. Product Liability Actions|34-20-2-4. Principal Distributor or Seller Considered Manufacturer

Sec. 4. If a court is unable to hold jurisdiction over a particular manufacturer of a product or part of a product alleged to be defective, then that manufacturer's principal distributor or seller over whom a court may hold jurisdiction shall be considered, for the purposes of this chapter, the manufacturer of the product.[Pre-1998 Recodification Citation: 33-1-1.5-3(d) part.]As added by P.L.1-1998, SEC.15.
IN Code § 34-20-3-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 20. Causes of Action: Product Liability|Chapter 3. Statute of Limitations|34-20-3-1. Negligence and Strict Liability in Tort Actions

Sec. 1. (a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1, this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort.(b) Except as provided in section 2 of this chapter, a product liability action must be commenced:(1) within two (2) years after the cause of action accrues; or(2) within ten (10) years after the delivery of the product to the initial user or consumer.However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues.[Pre-1998 Recodification Citation: 33-1-1.5-5.]As added by P.L.1-1998, SEC.15.