reglab/housing_qa huggingface dataset:
IN Code § 34-18-7-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 7. Statute of Limitations|34-18-7-3. Tolling of Statute of Limitations; Filing of Proposed Complaint

Sec. 3. (a) The filing of a proposed complaint tolls the applicable statute of limitations to and including a period of ninety (90) days following the receipt of the opinion of the medical review panel by the claimant.(b) A proposed complaint under IC 34-18-8 is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.[Pre-1998 Recodification Citation: 27-12-7-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|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 6 of this chapter, a patient or the representative of a patient who has a claim under this article for bodily injury or death on account of malpractice may do the following:(1) File a complaint in any court of law having requisite jurisdiction.(2) By demand, exercise the right to a trial by jury.[Pre-1998 Recodification Citation: 27-12-8-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|34-18-8-2. Fees

Sec. 2. The following fees must accompany each proposed complaint filed:(1) A filing fee of five dollars ($5).(2) A processing fee of two dollars ($2) for each additional defendant after the first defendant.[Pre-1998 Recodification Citation: 27-12-8-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|34-18-8-3. Demand; Reasonable Damages

Sec. 3. Except for the declaration called for in section 6(a) of this chapter, a dollar amount or figure may not be included in the demand in a malpractice complaint, but the prayer must be for such damages as are reasonable in the premises.[Pre-1998 Recodification Citation: 27-12-8-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|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 as provided in sections 5 and 6 of this chapter, an action against a health care provider may not be commenced in a court in Indiana before:(1) the claimant's proposed complaint has been presented to a medical review panel established under IC 34-18-10 (or IC 27-12-10 before its repeal); and(2) an opinion is given by the panel.[Pre-1998 Recodification Citation: 27-12-8-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|34-18-8-5. Agreements Not to Present Claims to Medical Review Panels

Sec. 5. Notwithstanding section 4 of this chapter, a claimant may commence an action in court for malpractice without the presentation of the claim to a medical review panel if the claimant and all parties named as defendants in the action agree that the claim is not to be presented to a medical review panel. The agreement must be in writing and must be signed by each party or an authorized agent of the party. The claimant must attach a copy of the agreement to the complaint filed with the court in which the action is commenced.[Pre-1998 Recodification Citation: 27-12-8-5.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-6 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|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 patient may commence an action against a health care provider for malpractice without submitting a proposed complaint to a medical review panel if the patient's pleadings include a declaration that the patient seeks damages from the health care provider in an amount not greater than fifteen thousand dollars ($15,000). In an action commenced under this subsection (or IC 27-12-8-6(a) before its repeal), the patient is barred from recovering any amount greater than fifteen thousand dollars ($15,000), except as provided in subsection (b).(b) A patient who:(1) commences an action under subsection (a) (or IC 27-12-8-6(a) before its repeal) in the reasonable belief that damages in an amount not greater than fifteen thousand dollars ($15,000) are adequate compensation for the bodily injury allegedly caused by the health care provider's malpractice; and(2) later learns, during the pendency of the action, that the bodily injury is more serious than previously believed and that fifteen thousand dollars ($15,000) is insufficient compensation for the bodily injury;may move that the action be dismissed without prejudice and, upon dismissal of the action, may file a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under this subsection. In a second action commenced in court following the medical review panel's proceeding on the proposed complaint, the patient may recover an amount greater than fifteen thousand dollars ($15,000). However, a patient may move for dismissal without prejudice and, if dismissal without prejudice is granted, may commence a second action under this subsection only if the patient's motion for dismissal is filed within two (2) years after commencement of the original action under subsection (a) (or IC 27-12-8-6(a) before its repeal).(c) If a patient:(1) commences an action under subsection (a) (or IC 27-12-8-6(a) before its repeal);(2) moves under subsection (b) (or IC 27-12-8-6(b) before its repeal) for dismissal of that action;(3) files a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under subsection (b) (or IC 27-12-8-6(b) before its repeal); and(4) commences a second action in court following the medical review panel proceeding on the proposed complaint;the timeliness of the second action is governed by IC 34-18-7-1(c).(d) A medical liability insurer of a health care provider against whom an action has been filed under subsection (a) (or IC 27-12-8-6(a) before its repeal) shall provide written notice to the state health commissioner as required under IC 34-18-9-2.[Pre-1998 Recodification Citation: 27-12-8-6.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-8-7 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|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 July 1, 1999, a claimant may commence an action in court for malpractice at the same time the claimant's proposed complaint is being considered by a medical review panel. In order to comply with this section, the:(1) complaint filed in court may not contain any information that would allow a third party to identify the defendant;(2) claimant is prohibited from pursuing the action; and(3) court is prohibited from taking any action except setting a date for trial, an action under IC 34-18-8-8 (or IC 27-12-8-8 before its repeal), or an action under IC 34-18-11 (or IC 27-12-11 before its repeal);until section 4 of this chapter has been satisfied.(b) Upon satisfaction of section 4 of this chapter, the identifying information described in subsection (a)(1) shall be added to the complaint by the court.As added by P.L.111-1998, SEC.9.
IN Code § 34-18-8-8 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 8. Commencement of a Medical Malpractice Action|34-18-8-8. Motion to Dismiss Filed by Commissioner

Sec. 8. If action has not been taken in a case before the department of insurance for a period of at least two (2) years, the commissioner, on the:(1) motion of a party; or(2) commissioner's own initiative;may file a motion in Marion county circuit court to dismiss the case under Rule 41(E) of the Indiana Rules of Trial Procedure.As added by P.L.111-1998, SEC.10.
IN Code § 34-18-9-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|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 complaint under IC 34-18-8, the commissioner shall forward a copy of the complaint by registered or certified mail to each health care provider named as a defendant, at the defendant's last and usual place of residence or the defendant's office.[Pre-1998 Recodification Citation: 27-12-9-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-9-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 9. Reporting and Review of Claims|34-18-9-2. Medical Liability Insurers; Notice of Suit to Commissioner

Sec. 2. A medical liability insurer of a health care provider against whom an action has been filed under IC 34-18-8-6(a) shall provide written notice to the commissioner within thirty (30) days after:(1) the filing of the action; and(2) the final disposition of the action.[Pre-1998 Recodification Citation: 27-12-9-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-9-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 9. Reporting and Review of Claims|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 the commissioner of any malpractice case upon which the insurer has placed a reserve of at least one hundred twenty-five thousand dollars ($125,000). The insurer shall give notice to the commissioner under this subsection immediately after placing the reserve. The notice and all communications and correspondence relating to the notice are confidential and may not be made available to any person or any public or private agency.(b) All malpractice claims settled or adjudicated to final judgment against a health care provider shall be reported to the commissioner by the plaintiff's attorney and by the health care provider or the health care provider's insurer or risk manager within sixty (60) days following final disposition of the claim. The report to the commissioner must state the following:(1) The nature of the claim.(2) The damages asserted and the alleged injury.(3) The attorney's fees and expenses incurred in connection with the claim or defense.(4) The amount of the settlement or judgment.[Pre-1998 Recodification Citation: 27-12-9-3.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.11.
IN Code § 34-18-9-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 9. Reporting and Review of Claims|34-18-9-4. Fitness Reviews of Health Care Providers

Sec. 4. (a) The medical review panel (as described in IC 34-18-10) shall make a separate determination, at the time that it renders its opinion under IC 34-18-10-22, as to whether the name of the defendant health care provider should be forwarded to the appropriate board of professional registration for review of the health care provider's fitness to practice the health care provider's profession. The commissioner shall forward the name of the defendant health care provider if the medical review panel unanimously determines that it should be forwarded. The medical review panel determination concerning the forwarding of the name of the defendant health care provider is not admissible as evidence in a civil action. In each case involving review of a health care provider's fitness to practice forwarded under this section, the appropriate board of professional registration and examination may, in appropriate cases, take the following disciplinary action:(1) censure;(2) imposition of probation for a determinate period;(3) suspension of the health care provider's license for a determinate period; or(4) revocation of the license.(b) Review of the health care provider's fitness to practice shall be conducted in accordance with IC 4-21.5.(c) The appropriate board of professional registration and examination shall report to the commissioner the board's findings, the action taken, and the final disposition of each case involving review of a health care provider's fitness to practice forwarded under this section.[Pre-1998 Recodification Citation: 27-12-9-4.]As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.12.
IN Code § 34-18-10-1 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-1. Establishment of Medical Review Panels

Sec. 1. This chapter provides for the establishment of medical review panels to review proposed malpractice complaints against health care providers covered by this article.[Pre-1998 Recodification Citation: 27-12-10-1.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-2 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-2. Request for Formation of Panels

Sec. 2. Not earlier than twenty (20) days after the filing of a proposed complaint, either party may request the formation of a medical review panel by serving a request by registered or certified mail upon all parties and the commissioner.[Pre-1998 Recodification Citation: 27-12-10-2.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-3 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-3. Members; Chairman; Powers and Duties

Sec. 3. (a) A medical review panel consists of one (1) attorney and three (3) health care providers.(b) The attorney member of the medical review panel shall act as chairman of the panel and in an advisory capacity but may not vote.(c) The chairman of the medical review panel shall expedite the selection of the other panel members, convene the panel, and expedite the panel's review of the proposed complaint. The chairman may establish a reasonable schedule for submission of evidence to the medical review panel but must allow sufficient time for the parties to make full and adequate presentation of related facts and authorities.[Pre-1998 Recodification Citation: 27-12-10-3.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-4 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-4. Selection of Panel Members

Sec. 4. A medical review panel shall be selected in the following manner:(1) Within fifteen (15) days after the filing of a request for formation of a medical review panel under section 2 of this chapter, the parties shall select a panel chairman by agreement. If no agreement on a panel chairman can be reached, either party may request the clerk of the supreme court to draw at random a list of five (5) names of attorneys who:(A) are qualified to practice;(B) are presently on the rolls of the supreme court; and(C) maintain offices in the county of venue designated in the proposed complaint or in a contiguous county.(2) Before selecting the random list, the clerk shall collect a twenty-five dollar ($25) medical review panel selection fee from the party making the request for the formation of the random list.(3) The clerk shall notify the parties, and the parties shall then strike names alternately with the plaintiff striking first until one (1) name remains. The remaining attorney shall be the chairman of the panel.(4) After the striking, the plaintiff shall notify the chairman and all other parties of the name of the chairman.(5) If a party does not strike a name within five (5) days after receiving notice from the clerk:(A) the opposing party shall, in writing, request the clerk to strike for the party; and(B) the clerk shall strike for that party.(6) When one (1) name remains, the clerk shall within five (5) days notify the chairman and all other parties of the name of the chairman.(7) Within fifteen (15) days after being notified by the clerk of being selected as chairman, the chairman shall:(A) send a written acknowledgment of appointment to the clerk; or(B) show good cause for relief from serving as provided in section 12 of this chapter.[Pre-1998 Recodification Citation: 27-12-10-4.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-5 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-5. Eligibility for Panel Membership

Sec. 5. Except for health care providers who are health facility administrators, all health care providers in Indiana, whether in the teaching profession or otherwise, who hold a license to practice in their profession shall be available for selection as members of the medical review panel. Health facility administrators may not be members of the medical review panel.[Pre-1998 Recodification Citation: 27-12-10-5.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-6 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-6. Selection of Members by Parties

Sec. 6. Each party to the action has the right to select one (1) health care provider, and upon selection, the two (2) health care providers thus selected shall select the third panelist.[Pre-1998 Recodification Citation: 27-12-10-6.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-7 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-7. Selection of Panel Members by Multiple Parties

Sec. 7. If there are multiple plaintiffs or defendants, only one (1) health care provider shall be selected per side. The plaintiff, whether single or multiple, has the right to select one (1) health care provider and the defendant, whether single or multiple, has the right to select one (1) health care provider.[Pre-1998 Recodification Citation: 27-12-10-7.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-8 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-8. Panelists to Be Members of Defendant's Profession

Sec. 8. If there is only one (1) party defendant who is an individual, two (2) of the panelists selected must be members of the profession identified in IC 34-18-2-14(1) of which the defendant is a member. If the individual defendant is a health care professional who specializes in a limited area, two (2) of the panelists selected must be health care professionals who specialize in the same area as the defendant.[Pre-1998 Recodification Citation: 27-12-10-8.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-9 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-9. Selection Periods; Notification; Selections by Chairman

Sec. 9. Within fifteen (15) days after the chairman is selected, both parties shall select a health care provider and the parties shall notify the other party and the chairman of their selection. If a party fails to make a selection within the time provided, the chairman shall make the selection and notify both parties. Within fifteen (15) days after their selection, the health care provider members shall select the third member within the time provided and notify the chairman and the parties. If the providers fail to make a selection, the chairman shall make the selection and notify both parties.[Pre-1998 Recodification Citation: 27-12-10-9.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-10 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-10. Challenges to Panel Member Selections

Sec. 10. Within ten (10) days after the selection of a panel member, written challenge without cause may be made to the panel member. Upon challenge or excuse, the party whose appointee was challenged or dismissed shall select another panelist. If the challenged or dismissed panel member was selected by the other two (2) panel members, the panel members shall make a new selection. If two (2) such challenges are made and submitted, the chairman shall within ten (10) days appoint a panel consisting of three (3) qualified panelists and each side shall, within ten (10) days after the appointment, strike one (1) panelist. The party whose appointment was challenged shall strike last, and the remaining member shall serve.[Pre-1998 Recodification Citation: 27-12-10-10.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-11 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-11. Formation of Panel; Notice to Commissioner and Parties

Sec. 11. When a medical review panel is formed, the chairman shall within five (5) days notify the commissioner and the parties by registered or certified mail of the following:(1) The names and addresses of the panel members.(2) The date on which the last member was selected.[Pre-1998 Recodification Citation: 27-12-10-11.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-12 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-12. Excusing Members From Service

Sec. 12. (a) A member of a medical review panel who is selected under this chapter shall serve unless:(1) the parties by agreement excuse the panelist; or(2) the panelist is excused as provided in this section for good cause shown.(b) To show good cause for relief from serving, the attorney selected as chairman of a medical review panel must serve an affidavit upon the clerk of the supreme court. The affidavit must set out the facts showing that service would constitute an unreasonable burden or undue hardship. The clerk may excuse the attorney from serving. The attorney shall notify all parties, who shall then select a new chairman as provided in section 4 of this chapter.(c) To show good cause for relief from serving, a health care provider member of a medical review panel must serve an affidavit upon the panel chairman. The affidavit must set out the facts showing that service would constitute an unreasonable burden or undue hardship. The chairman may excuse the member from serving and notify all parties.[Pre-1998 Recodification Citation: 27-12-10-12.]As added by P.L.1-1998, SEC.13.
IN Code § 34-18-10-13 (2021)
2021 Indiana Code|Title 34. Civil Law and Procedure|Article 18. Medical Malpractice|Chapter 10. Medical Review Panel|34-18-10-13. Panel Expert Opinion; Time for Issuance

Sec. 13. (a) The panel shall give its expert opinion within one hundred eighty (180) days after the selection of the last member of the initial panel. However, if:(1) the chairman of the panel is removed under section 15 of this chapter, another member of the panel is removed under section 16 of this chapter, or any member of the panel, including the chairman, is removed by a court order; and(2) a new member is selected to replace the removed member more than ninety (90) days after the last member of the initial panel is selected;the panel has ninety (90) days after the selection of the new member to give an expert opinion.(b) If the panel has not given an opinion within the time allowed under subsection (a), the panel shall submit a report to the commissioner, stating the reasons for the delay.[Pre-1998 Recodification Citation: 27-12-10-13.]As added by P.L.1-1998, SEC.13.