reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-25. Compensation of Members

Sec. 25. (a) Each health care provider member of the medical review panel is entitled to be paid:
(1) up to five hundred dollars ($500) for all work performed as a member of the panel, exclusive of time involved if called as a witness to testify in court; and
(2) reasonable travel expense.
(b) The chairman of the panel is entitled to be paid:
(1) at the rate of two hundred fifty dollars ($250) per diem, not to exceed two thousand five hundred dollars ($2,500); and
(2) reasonable travel expenses.
(c) The chairman shall keep an accurate record of the time and expenses of all the members of the panel. The record shall be submitted to the parties for payment with the panel's report.
(d) Fees of the panel, including travel expenses and other expenses of the review, shall be paid by the side in whose favor the majority opinion is written. If there is no majority opinion, each side shall pay fifty percent (50%) of the cost.
[Pre-1998 Recodification Citation: 27-12-10-25.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.13; P.L.182-2016, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-26. Copies of Reports

Sec. 26. The chairman shall submit a copy of the panel's report to:
(1) the commissioner; and
(2) all parties and attorneys;
by registered or certified mail within five (5) days after the panel gives its opinion.
[Pre-1998 Recodification Citation: 27-12-10-26.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › 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 matter and the parties to a proposed complaint filed with the commissioner under this article may, upon the filing of a copy of the proposed complaint and a written motion under this chapter, do one (1) or both of the following:
(1) preliminarily determine an affirmative defense or issue of law or fact that may be preliminarily determined under the Indiana Rules of Procedure; or
(2) compel discovery in accordance with the Indiana Rules of Procedure.
(b) The court has no jurisdiction to rule preliminarily upon any affirmative defense or issue of law or fact reserved for written opinion by the medical review panel under IC 34-18-10-22(b)(1), IC 34-18-10-22(b)(2), and IC 34-18-10-22(b)(4).
(c) The court has jurisdiction to entertain a motion filed under this chapter only during that time after a proposed complaint is filed with the commissioner under this article but before the medical review panel gives the panel's written opinion under IC 34-18-10-22.
(d) The failure of any party to move for a preliminary determination or to compel discovery under this chapter before the medical review panel gives the panel's written opinion under IC 34-18-10-22 does not constitute the waiver of any affirmative defense or issue of law or fact.
[Pre-1998 Recodification Citation: 27-12-11-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery › 34-18-11-2. Invoking Jurisdiction of the Court; Issuance of Summons

Sec. 2. (a) A party to a proceeding commenced under this article, the commissioner, or the chairman of a medical review panel, if any, may invoke the jurisdiction of the court by paying the statutory filing fee to the clerk and filing a copy of the proposed complaint and motion with the clerk.
(b) The filing of a copy of the proposed complaint and motion with the clerk confers jurisdiction upon the court over the subject matter and the parties to the proceeding for the limited purposes stated in this chapter, including the taxation and assessment of costs or the allowance of expenses, including reasonable attorney's fees, or both.
(c) The moving party or the moving party's attorney shall cause as many summonses as are necessary to be issued by the clerk and served on the commissioner, each nonmoving party to the proceedings, and the chairman of the medical review panel, if any, unless the commissioner or the chairman is the moving party, together with a copy of the proposed complaint and a copy of the motion under Rules 4 through 4.17 of the Indiana Rules of Trial Procedure.
[Pre-1998 Recodification Citation: 27-12-11-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery › 34-18-11-3. Time for Reply to Motion; Rulings

Sec. 3. (a) Each nonmoving party to the proceeding, including the commissioner and the chairman of the medical review panel, if any, shall have a period of twenty (20) days after service, or a period of twenty-three (23) days after service if service is by mail, to appear and file and serve a written response to the motion, unless the court, for cause shown, orders the period enlarged.
(b) The court shall enter a ruling on the motion:
(1) within thirty (30) days after the motion is heard; or
(2) if no hearing is requested, granted or ordered, within thirty (30) days after the date on which the last written response to the motion is filed.
(c) The court shall order the clerk to serve a copy of the court's ruling on the motion by ordinary mail on the commissioner, each party to the proceeding, and the chairman of the medical review panel, if any.
[Pre-1998 Recodification Citation: 27-12-11-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery › 34-18-11-4. Stay of Proceedings

Sec. 4. Upon the filing of a copy of the proposed complaint and motion with the clerk of the court, all further proceedings before the medical review panel shall be stayed automatically until the court has entered a ruling on the motion.
[Pre-1998 Recodification Citation: 27-12-11-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 11. Preliminary Determination of Affirmative Defense or Issue of Law or Fact; Discovery › 34-18-11-5. Enforcement

Sec. 5. The court may enforce its ruling on any motion filed under this chapter in accordance with the Indiana Rules of Procedure, subject to the right of appeal.
[Pre-1998 Recodification Citation: 27-12-11-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › 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 care provider on the basis of an alleged breach of contract, express or implied, assuring results to be obtained from any procedure undertaken in the course of health care, unless the contract is in writing and signed by that health care provider or by an authorized agent of the health care provider.
[Pre-1998 Recodification Citation: 27-12-12-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-2. Informed Consent; Rebuttable Presumption

Sec. 2. If a patient's written consent is:
(1) signed by the patient or the patient's authorized representative;
(2) witnessed by an individual at least eighteen (18) years of age; and
(3) explained, orally or in the written consent, to the patient or the patient's authorized representative before a treatment, procedure, examination, or test is undertaken;
a rebuttable presumption is created that the consent is an informed consent.
[Pre-1998 Recodification Citation: 27-12-12-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 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) of this chapter must include the following information:
(1) The general nature of the patient's condition.
(2) The proposed treatment, procedure, examination, or test.
(3) The expected outcome of the treatment, procedure, examination, or test.
(4) The material risks of the treatment, procedure, examination, or test.
(5) The reasonable alternatives to the treatment, procedure, examination, or test.
[Pre-1998 Recodification Citation: 27-12-12-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-4. Duty to Obtain Informed Consent

Sec. 4. This chapter does not relieve a qualified health care provider of the duty to obtain an informed consent.
[Pre-1998 Recodification Citation: 27-12-12-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-5. Withdrawal of Consent

Sec. 5. This chapter does not prevent a patient, after having signed a consent, from withdrawing that consent.
[Pre-1998 Recodification Citation: 27-12-12-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-6. Writing Not Required

Sec. 6. This chapter does not require that a patient's consent or the information described under section 3 of this chapter be in writing in all cases.
[Pre-1998 Recodification Citation: 27-12-12-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-7. Compliance With Chapter

Sec. 7. Compliance with this chapter is not required to create an informed consent.
[Pre-1998 Recodification Citation: 27-12-12-7.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-8. Patient Refusal to Receive Information

Sec. 8. A patient may refuse to receive some or all of the information described in section 3 of this chapter.
[Pre-1998 Recodification Citation: 27-12-12-8.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 12. Liability Based on Breach of Contract; Informed Consent › 34-18-12-9. Consent Not Required; Mental Disability or Emergency

Sec. 9. Sections 2 and 3 of this chapter do not apply to a person who is mentally incapable of understanding the information required to be provided by section 3 of this chapter. This section does not require consent to health care in an emergency.
[Pre-1998 Recodification Citation: 27-12-12-9.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › 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 are the health care provider and the health care provider's insurer liable to a patient or the patient's representative for malpractice to the extent and in the manner specified in this article.
[Pre-1998 Recodification Citation: 27-12-13-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 13. Malpractice Coverage › 34-18-13-2. Acceptance of Article; Filing of Proof of Financial Responsibility

Sec. 2. The filing of proof of financial responsibility with the commissioner constitutes, on the part of the insurer, a conclusive and unqualified acceptance of this article.
[Pre-1998 Recodification Citation: 27-12-13-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 13. Malpractice Coverage › 34-18-13-3. Policy Terms Limiting Liability Void

Sec. 3. A provision in a policy attempting to limit or modify the liability of the insurer contrary to this article is void.
[Pre-1998 Recodification Citation: 27-12-13-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 13. Malpractice Coverage › 34-18-13-4. Included Policy Provisions

Sec. 4. Every policy issued under this article (or IC 27-12 before its repeal) is considered to include the following provisions, and any change made by legislation adopted by the general assembly as fully as if the change were written in the policy:
(1) The insurer assumes all obligations to pay an award imposed against its insured under this article (or IC 27-12 before its repeal).
(2) A termination of this policy by cancellation initiated by the insurance company is not effective for patients claiming against the insured covered by the policy, unless at least thirty (30) days before the taking effect of the cancellation, a written notice giving the date upon which termination becomes effective has been received by the insured and the commissioner at their offices.
(3) A termination of this policy by cancellation initiated by the insured is not effective for patients claiming against the insured covered by the policy, unless at least thirty (30) days before the taking effect of the cancellation, a written notice giving the date upon which termination becomes effective has been received by the commissioner at the commissioner's office.
[Pre-1998 Recodification Citation: 27-12-13-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 13. Malpractice Coverage › 34-18-13-5. Insurer's Failure to Pay Judgment; Revocation of Policy Form

Sec. 5. If an insurer fails or refuses to pay a final judgment, except during the pendency of an appeal, or fails, or refuses to comply with this article, in addition to any other legal remedy, the commissioner may also revoke the approval of the insurer's policy form until the insurer pays the award or judgment or has complied with the violated provisions of this article and has resubmitted its policy form and received the approval of the commissioner.
[Pre-1998 Recodification Citation: 27-12-13-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › 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 periodic payments agreement" means the amount expended by the health care provider (or its insurer), the commissioner, or the commissioner and the health care provider (or its insurer), at the time the periodic payments agreement is made, to obtain the commitment from a third party to make available money for use as future payment, the total of which may exceed the limits provided in section 3 of this chapter.
[Pre-1998 Recodification Citation: 27-12-14-1.]
As added by P.L.1-1998, SEC.13.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 19. Repealed

[Pre-1998 Recodification Citations:
34-19-1-1formerly 34-1-52-134-19-1-2formerly 34-1-52-234-19-1-3formerly 34-1-52-334-19-1-4formerly 34-1-52-4(a)34-19-1-5formerly 34-1-52-5(a)34-19-2-1formerly 34-1-52.5-234-19-2-2formerly 34-1-52.5-334-19-2-3formerly 34-1-52.5-4 part34-19-2-4formerly 34-1-52.5-4 part34-19-2-5formerly 34-1-52.5-4 part34-19-2-6formerly 34-1-52.5-4 part34-19-2-7formerly 34-1-52.5-4 part34-19-2-8formerly 34-1-52.5-4 part34-19-2-9formerly 34-1-52.5-4 part34-19-2-10formerly 34-1-52.5-4 part34-19-2-11formerly 34-1-52.5-4 part34-19-2-12formerly 34-1-52.5-4 part34-19-2-13formerly 34-1-52.5-5(a)34-19-2-14formerly 34-1-52.5-5(b)34-19-2-15formerly 34-1-52.5-5(c); 34-1-52.5-5(d); 34-1-52.5-5(e)34-19-2-16formerly 34-1-52.5-5(f)34-19-2-17formerly 34-1-52.5-634-19-2-18formerly 34-1-52.5-734-19-2-19formerly 34-1-52.5-834-19-2-20formerly 34-1-52.5-9.]
Repealed by P.L.2-2002, SEC.128.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 3. Statute of Limitations › 34-20-3-2. Asbestos Related Actions

Sec. 2. (a) A product liability action that is based on:
(1) property damage resulting from asbestos; or
(2) personal injury, disability, disease, or death resulting from exposure to asbestos;
must be commenced within two (2) years after the cause of action accrues. The subsequent development of an additional asbestos related disease or injury is a new injury and is a separate cause of action.
(b) A product liability action for personal injury, disability, disease, or death resulting from exposure to asbestos accrues on the date when the injured person knows that the person has an asbestos related disease or injury.
(c) A product liability action for property damage accrues on the date when the injured person knows that the property damage has resulted from asbestos.
(d) This section applies only to product liability actions against:
(1) persons who mined and sold commercial asbestos; and
(2) funds that have, as a result of bankruptcy proceedings or to avoid bankruptcy proceedings, been created for the payment of asbestos related disease claims or asbestos related property damage claims.
(e) For the purposes of IC 1-1-1-8, if any part of this section is held invalid, the entire section is void.
(f) Except for the cause of action expressly recognized in this section, this section does not otherwise modify the limitation of action or repose period contained in section 1 of this chapter.
[Pre-1998 Recodification Citation: 33-1-1.5-5.5.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 4. Defective Products › 34-20-4-1. Products Considered Defective

Sec. 1. A product is in a defective condition under this article if, at the time it is conveyed by the seller to another party, it is in a condition:
(1) not contemplated by reasonable persons among those considered expected users or consumers of the product; and
(2) that will be unreasonably dangerous to the expected user or consumer when used in reasonably expectable ways of handling or consumption.
[Pre-1998 Recodification Citation: 33-1-1.5-2.5(a).]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 4. Defective Products › 34-20-4-2. Failure to Provide Adequate Warnings or Instructions

Sec. 2. A product is defective under this article if the seller fails to:
(1) properly package or label the product to give reasonable warnings of danger about the product; or
(2) give reasonably complete instructions on proper use of the product;
when the seller, by exercising reasonable diligence, could have made such warnings or instructions available to the user or consumer.
[Pre-1998 Recodification Citation: 33-1-1.5-2.5(b).]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 4. Defective Products › 34-20-4-3. Products Made Safe for Reasonably Expectable Handling and Consumption Not Considered Defective

Sec. 3. A product is not defective under this article if it is safe for reasonably expectable handling and consumption. If an injury results from handling, preparation for use, or consumption that is not reasonably expectable, the seller is not liable under this article.
[Pre-1998 Recodification Citation: 33-1-1.5-2.5(c).]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 4. Defective Products › 34-20-4-4. Products Incapable of Being Made Safe Not Considered Defective

Sec. 4. A product is not defective under this article if the product is incapable of being made safe for its reasonably expectable use, when manufactured, sold, handled, and packaged properly.
[Pre-1998 Recodification Citation: 33-1-1.5-2.5(d).]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 5. Rebuttable Presumption That Product Is Not Defective › 34-20-5-0.2. Application of Prior Law

Sec. 0.2. The addition of IC 33-1-1.5-4.5 (before its repeal, now codified at section 1 of this chapter) by P.L.278-1995 applies to a cause of action that accrues after June 30, 1995.
As added by P.L.220-2011, SEC.553.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 5. Rebuttable Presumption That Product Is Not Defective › 34-20-5-1. Rebuttable Presumption

Sec. 1. In a product liability action, there is a rebuttable presumption that the product that caused the physical harm was not defective and that the manufacturer or seller of the product was not negligent if, before the sale by the manufacturer, the product:
(1) was in conformity with the generally recognized state of the art applicable to the safety of the product at the time the product was designed, manufactured, packaged, and labeled; or
(2) complied with applicable codes, standards, regulations, or specifications established, adopted, promulgated, or approved by the United States or by Indiana, or by an agency of the United States or Indiana.
[Pre-1998 Recodification Citation: 33-1-1.5-4.5.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 6. Defenses › 34-20-6-1. Applicability of Defenses

Sec. 1. The defenses in this chapter are defenses to an action brought under this article (or IC 33-1-1.5 before its repeal).
[Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 6. Defenses › 34-20-6-2. Burden of Proof

Sec. 2. The burden of proof of any defense raised in an action under this article (or IC 33-1-1.5 before its repeal) is on the party raising the defense.
[Pre-1998 Recodification Citation: 33-1-1.5-4(a) part.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 6. Defenses › 34-20-6-3. Use of Product With Knowledge of Defect or Danger

Sec. 3. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that the user or consumer bringing the action:
(1) knew of the defect;
(2) was aware of the danger in the product; and
(3) nevertheless proceeded to make use of the product and was injured.
[Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 6. Defenses › 34-20-6-4. Misuse of Product

Sec. 4. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a misuse of the product by the claimant or any other person not reasonably expected by the seller at the time the seller sold or otherwise conveyed the product to another party.
[Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.]
As added by P.L.1-1998, SEC.15.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 20. Causes of Action: Product Liability › Chapter 6. Defenses › 34-20-6-5. Modification or Alteration of Product

Sec. 5. It is a defense to an action under this article (or IC 33-1-1.5 before its repeal) that a cause of the physical harm is a modification or alteration of the product made by any person after the product's delivery to the initial user or consumer if the modification or alteration is the proximate cause of physical harm where the modification or alteration is not reasonably expectable to the seller.
[Pre-1998 Recodification Citation: 33-1-1.5-4(b) part.]
As added by P.L.1-1998, SEC.15.