reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 1. Pleadings in Actions for Libel or Slander › 34-15-1-2. Truth; Mitigating Circumstances; Evidence

Sec. 2. In an action for libel or slander, the defendant may allege:
(1) the truth of the matter charged as defamatory; and
(2) mitigating circumstances to reduce the damages;
and give either or both in evidence.
[Pre-1998 Recodification Citation: 34-1-5-2.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 2. Standard of Proof in Actions for Libel or Slander › 34-15-2-1. Abrogation of Reasonable Doubt Standard

Sec. 1. The proof of an answer of justification in cases of libel and slander is controlled by the rule that applies to the proof of issues in other civil cases.
[Pre-1998 Recodification Citation: 34-4-13-1.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 3. Defamation Actions Against Radio and Television Broadcasters › 34-15-3-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to a suit brought for:
(1) publishing;
(2) speaking;
(3) uttering; or
(4) conveying by words, acts, or in any other manner;
a libel or slander by any radio or television station or company in Indiana.
(b) Section 3 of this chapter does not apply to a case of libel or slander against a candidate for a public office in Indiana, unless the retraction of the charge is made in an audible or visible manner at least three (3) days before the election.
[Pre-1998 Recodification Citation: 34-4-14-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 3. Defamation Actions Against Radio and Television Broadcasters › 34-15-3-2. Service of Notice

Sec. 2. At least three (3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved party shall serve notice:
(1) in writing;
(2) on the manager of the radio or television station;
(3) at the principal office of the radio or television station; and
(4) that specifies the words or acts that the aggrieved party alleges to be false and defamatory.
[Pre-1998 Recodification Citation: 34-4-14-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 3. Defamation Actions Against Radio and Television Broadcasters › 34-15-3-3. Retraction Mitigates Damages

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if it appears, upon trial of the action, that:
(1) the words or acts were conveyed and broadcast in good faith;
(2) the falsity of the words or acts was due to mistake or misapprehension of the facts; and
(3) a full and fair retraction of any words or acts alleged to be erroneous was conveyed or broadcast:
(A) on a regular program of the radio or television company;
(B) within ten (10) days after the mistake or misapprehension was brought to the knowledge of the manager; and
(C) at approximately the same time and by the same sending power so as to be as visible and audible as the original acts or words complained of.
[Pre-1998 Recodification Citation: 34-4-14-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 4. Defamation Actions Against Newspaper Publishers › 34-15-4-1. Applicability of Chapter

Sec. 1. (a) This chapter applies to a suit for the:
(1) publication of a libel by a newspaper; or
(2) transmission of a libel by a news service;
in Indiana.
(b) Section 3 of this chapter does not apply to a case of libel against a candidate for a public office in Indiana, unless the retraction is made in the manner set out in section 3 of this chapter at least three (3) days before the election.
[Pre-1998 Recodification Citation: 34-4-15-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 4. Defamation Actions Against Newspaper Publishers › 34-15-4-2. Service of Notice

Sec. 2. (a) Before bringing a suit described in section 1 of this chapter, the aggrieved party shall:
(1) at least four (4) days before filing the complaint against a news service;
(2) at least six (6) days before filing the complaint against a daily newspaper; or
(3) at least eleven (11) days before filing the complaint against a weekly newspaper;
serve notice in writing specifying the factual statements in the article that are alleged to be false and defamatory, and correcting the falsity of the statements by reference to the true facts.
(b) If the publication of the alleged libel was by a newspaper, the notice shall be served on the publisher at the newspaper's principal office of publication. If the transmission of the alleged libel was by a news service, the notice shall be served on the bureau chief at the news service's principal Indiana office.
[Pre-1998 Recodification Citation: 34-4-15-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 4. Defamation Actions Against Newspaper Publishers › 34-15-4-3. Retraction Mitigates Damages

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if:
(1) it appears at the trial of the action that:
(A) the article was published or transmitted in good faith; and
(B) the falsity of the article was due to mistake or misapprehension of the facts;
(2) a full and fair retraction of a factual statement alleged to be false and defamatory was published in a regular issue of the newspaper or transmitted to its members or subscribers by the news service:
(A) within three (3) days by a news service;
(B) within five (5) days, if the newspaper is a daily publication; or
(C) within ten (10) days, if the newspaper is a weekly publication;
after the mistake or misapprehension was brought to the knowledge of the publisher or bureau chief; and
(3) the retraction was published in as conspicuous a place and type as the original item appeared in the newspaper or was transmitted by a news service to all members or subscribers to whom the original item was transmitted.
[Pre-1998 Recodification Citation: 34-4-15-1 part.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 15. Causes of Action: Defamation, Libel, and Slander › Chapter 5. Actions for Certain False Charges › 34-15-5-1. Actionable Charges

Sec. 1. Every charge of incest, homosexuality, bestiality, fornication, adultery, or whoredom falsely made against any person is actionable in the same manner as in the case of slanderous words charging a felony.
[Pre-1998 Recodification Citation: 34-1-62-1.]
As added by P.L.1-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 16. Causes of Action: Gambling Debts and Losses › Chapter 1. Gambling Debts and Losses › 34-16-1-1. Void Instruments

Sec. 1. A note, bill, bond, conveyance, contract, mortgage, or other security made in consideration of:
(1) money or other property won as the result of a wager; or
(2) the repayment of money lent at the time of a wager for the purpose of being wagered;
is void.
[Pre-1998 Recodification Citation: 34-4-28-1.]
As added by P.L.1-1998, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 16. Causes of Action: Gambling Debts and Losses › Chapter 1. Gambling Debts and Losses › 34-16-1-2. Debtor; Civil Action to Recover Losses; Limitation

Sec. 2. If a person, by betting on a game or on the hands or sides of persons playing a game:
(1) loses any money or other property; and
(2) delivers any part of the money or other property;
the person may bring a civil action, within one hundred eighty (180) days, to recover the money or other property so lost and delivered.
[Pre-1998 Recodification Citation: 34-4-28-2.]
As added by P.L.1-1998, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 16. Causes of Action: Gambling Debts and Losses › Chapter 1. Gambling Debts and Losses › 34-16-1-3. Pleading

Sec. 3. In the civil action, it is sufficient for the plaintiff to allege that the defendant has received the money or other property so lost and delivered.
[Pre-1998 Recodification Citation: 34-4-28-3.]
As added by P.L.1-1998, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 16. Causes of Action: Gambling Debts and Losses › Chapter 1. Gambling Debts and Losses › 34-16-1-4. Prosecuting Attorney; Civil Action to Recover Losses

Sec. 4. If, within the one hundred eighty (180) day period, the person fails to sue or to effectively prosecute the action, the prosecuting attorney of the county shall bring a civil action to recover the money or other property so lost and delivered, in the name of the state and for the benefit of:
(1) the person's dependent children who are less than eighteen (18) years of age and the person's spouse; or
(2) if there are no children or spouse, the state general fund.
[Pre-1998 Recodification Citation: 34-4-28-4.]
As added by P.L.1-1998, SEC.11. Amended by P.L.246-2005, SEC.224.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 16. Causes of Action: Gambling Debts and Losses › Chapter 1. Gambling Debts and Losses › 34-16-1-5. Discovery

Sec. 5. A person who is sued under this chapter (or IC 34-4-28 before its repeal) shall answer, under oath or affirmation, questions concerning the money or other property the defendant is alleged to have received.
[Pre-1998 Recodification Citation: 34-4-28-5.]
As added by P.L.1-1998, SEC.11. Amended by P.L.1-2009, SEC.161.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 1. Cases in Which an Information May Be Filed › 34-17-1-1. Information; When Filing Allowed

Sec. 1. An information may be filed against any person or corporation in the following cases:
(1) When a person usurps, intrudes into, or unlawfully holds or exercises a public office or a franchise within Indiana or an office in a corporation created by the authority of this state.
(2) Whenever a public officer does or allows an act which, by law, works a forfeiture of the officer's office.
(3) When an association or number of persons acts within Indiana as a corporation, without being legally incorporated.
(4) When a corporation does or omits acts that amount to a surrender or forfeiture of its rights and privileges as a corporation.
(5) When a corporate franchise was procured through fraud practiced upon the state.
(6) When a corporation:
(A) exceeds or abuses the authority conferred upon the corporation by law; or
(B) exercises authority not conferred upon it by law.
[Pre-1998 Recodification Citation: 34-1-59-1.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 1. Cases in Which an Information May Be Filed › 34-17-1-2. Annulment or Vacation of Certain Documents

Sec. 2. An information may be prosecuted to annul or vacate any letters-patent, certificate, or deed granted by the proper authorities of Indiana when there is reason to believe that:
(1) the letters, deed, or certificate was obtained by fraud or through mistake or ignorance of a material fact; or
(2) the patentee or those claiming under the patentee:
(A) have done or omitted an act in violation of the terms on which the letters, deed, or certificate was granted; or
(B) have by any other means forfeited the interest acquired under the letters, deed, or certificate.
[Pre-1998 Recodification Citation: 34-1-59-15.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 1. Cases in Which an Information May Be Filed › 34-17-1-3. Escheat or Forfeiture of Property to State

Sec. 3. Whenever property escheats or is forfeited to the state for the state's use, the legal title is considered to be in the state from the time of the escheat or forfeiture. An information may be filed in accordance with IC 34-17-2-3 to recover the property.
[Pre-1998 Recodification Citation: 34-1-59-13 part.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-1. Filing of Information

Sec. 1. (a) An information described in IC 34-17-1-1 may be filed:
(1) by the prosecuting attorney in the circuit court, superior court, or probate court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney:
(A) determines it to be the prosecuting attorney's duty to do so; or
(B) is directed by the court or other competent authority; or
(2) by any other person on the person's own relation, whenever the person claims an interest in the office, franchise, or corporation that is the subject of the information.
(b) The prosecuting attorney shall file an information in the circuit court, superior court, or probate court of the county against the county assessor or a township assessor under IC 34-17-1-1(2) if:
(1) the board of county commissioners adopts an ordinance under IC 6-1.1-4-31(f); or
(2) the city-county council adopts an ordinance under IC 6-1.1-4-31(g).
[Pre-1998 Recodification Citation: 34-1-59-2.]
As added by P.L.1-1998, SEC.12. Amended by P.L.146-2008, SEC.678; P.L.84-2016, SEC.154.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-2. Annulment or Vacation of Certain Documents; Procedure

Sec. 2. (a) An information to annul or vacate any letters-patent, certificate, or deed described in IC 34-17-1-2 may be filed by:
(1) the prosecuting attorney, upon the prosecuting attorney's relation; or
(2) a private person, upon the person's relation, showing the person's interest in the subject matter.
(b) The subsequent proceeding, judgment of the court, and awarding of costs must conform to the requirements of this article and the letters-patent, deed or certificate shall be annulled or sustained according to the rights of the case.
[Pre-1998 Recodification Citation: 34-1-59-16.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-3. Information to Recover Property

Sec. 3. (a) Following forfeiture or escheat of property as described in IC 34-17-1-3, an information may be filed by the prosecuting attorney in the circuit court, superior court, or probate court for the recovery of the property, alleging the ground on which the recovery is claimed.
(b) Proceedings and judgment are the same as in a civil action for the recovery of property.
[Pre-1998 Recodification Citation: 34-1-59-13 part.]
As added by P.L.1-1998, SEC.12. Amended by P.L.84-2016, SEC.155.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-4. Contest for Office; Single Information Against Several Persons

Sec. 4. When several persons claim to be entitled to the same office or franchise, one (1) information may be filed against any or all persons making the claim, in order to try their respective rights to the office or franchise.
[Pre-1998 Recodification Citation: 34-1-59-10.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-5. Contents of Information

Sec. 5. The information consists of a plain statement of the facts that constitute the grounds of the proceeding, addressed to the court.
[Pre-1998 Recodification Citation: 34-1-59-3.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-6. Usurping Office; Procedure

Sec. 6. (a) This section applies to an information filed against a person for usurping an office.
(b) Whenever an information described in subsection (a) is filed by the prosecuting attorney, the prosecuting attorney shall also set forth the name of the person rightfully entitled to the office, if any, with an averment:
(1) of the person's right to the office; or
(2) that no person is entitled to the office and that a vacancy in the office will result.
(c) When an information described in subsection (a) is filed by any other person, the person shall state the person's interest in the matter and any damages the person has sustained.
[Pre-1998 Recodification Citation: 34-1-59-4.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 2. Filing of Information and Summons › 34-17-2-7. Summons and Answer

Sec. 7. Whenever an information is filed, a summons shall issue, which shall be served and returned as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceedings are the same as in other cases.
[Pre-1998 Recodification Citation: 34-1-59-5.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-1. Contest for Office; Judgment

Sec. 1. In every case contesting the right to an office, judgment shall be rendered upon the rights of the parties, and for any damages the relator shows the relator is entitled to, to the time of the judgment.
[Pre-1998 Recodification Citation: 34-1-59-6.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-2. Judgments in Favor of Relator; Proceedings; Filling Public Office Vacancy Under Ic 5-8-6

Sec. 2. (a) If judgment is rendered in favor of a person who claims to be the person entitled to hold the office:
(1) that person shall proceed to exercise the functions of the office after the person has been qualified, as required by law; and
(2) the court shall order the defendant to deliver all the funds and records in the custody or within the power of the defendant, belonging to the office from which the defendant has been removed:
(A) to the person entitled to hold the office; or
(B) if a vacancy results, to the court to hold until a person is selected under subsection (b) to fill the vacancy.
(b) This subsection applies whenever:
(1) the court renders a judgment under subsection (a) that an individual holding a public office (as that term is used in IC 34-17-1-1) is not entitled to hold that office; and
(2) a vacancy occurs in that office as the result of the court's judgment.
The court must file a certified copy of the judgment with the person who is entitled under IC 5-8-6 to receive notice of the death of an individual holding the public office. The person receiving the copy of the judgment must give notice of the judgment in the same manner as if the person had received a notice of the death of the officeholder under IC 5-8-6. The person required or permitted to fill the vacancy that results from a removal under this section must comply with IC 3-13 or IC 20, whichever applies, to fill the vacancy.
[Pre-1998 Recodification Citation: 34-1-59-7.]
As added by P.L.1-1998, SEC.12. Amended by P.L.119-2005, SEC.34.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-3. Refusal of Defendant to Deliver Books and Papers; Enforcement by Attachment and Imprisonment

Sec. 3. If the defendant refuses or neglects to deliver the books and papers, pursuant to the order, the court or judge shall enforce the order by attachment and imprisonment.
[Pre-1998 Recodification Citation: 34-1-59-8.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-4. Damages

Sec. 4. (a) This section applies to a judgment rendered in favor of the plaintiff.
(b) If the plaintiff did not claim damages in the information, the plaintiff may file an action for the damages at any time within one (1) year after the judgment.
[Pre-1998 Recodification Citation: 34-1-59-9.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-5. Judgment or Exclusion From Office, Franchise, or Corporate Rights; Dissolution of Corporation

Sec. 5. (a) This section applies whenever:
(1) a person is found guilty of usurping, intruding into, or unlawfully exercising:
(A) an office or a franchise within Indiana; or
(B) an office in a corporation created by the authority of this state;
(2) a public officer thus charged is found guilty of having done or suffered an act which, by law, works a forfeiture of the office; or
(3) an association or number of persons is found guilty of having acted as a corporation, without having been legally incorporated.
(b) The court shall give judgment of ouster against the defendant and:
(1) exclude the defendant from the office, franchise, or corporate rights;
(2) in cases of corporations, dissolve the corporation; and
(3) adjudge costs in favor of the plaintiff.
[Pre-1998 Recodification Citation: 34-1-59-11.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-6. Execution or Attachment Against Directors or Officers of Corporations

Sec. 6. (a) If judgment is rendered against a corporation or against any persons claiming to be a corporation, the court may cause the costs to be collected:
(1) by execution against the persons claiming to be a corporation; or
(2) by attachment against the directors or other officers of the corporation.
(b) In addition, the court shall:
(1) restrain the corporation;
(2) appoint a receiver of the corporation's property and effects;
(3) take an account; and
(4) make a distribution of property among the creditors.
(c) The prosecuting attorney shall immediately institute proceedings for these purposes.
[Pre-1998 Recodification Citation: 34-1-59-12.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 17. Causes of Action: Informations › Chapter 3. Judgment, Costs, and Enforcement › 34-17-3-7. Liability for Costs

Sec. 7. When an information is filed by the prosecuting attorney, the prosecuting attorney is not liable for costs. However, when an information is filed upon the relation of a private person, the private person is liable for costs, unless the costs are adjudged against the defendant.
[Pre-1998 Recodification Citation: 34-1-59-14.]
As added by P.L.1-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 0.5. Implementation › 34-18-0.5-1. Importance of Timelines

Sec. 1. The general assembly emphasizes, to the parties, the courts, and the medical review panels, that adhering to the timelines set forth in this article is of extreme importance in ensuring the fairness of the medical malpractice act. Absent a mutual written agreement between the parties for a continuance, all parties subject to this article, and all persons charged with implementing this article, including courts and medical review panels, shall carefully follow the timelines in this article. No party may be dilatory in the selection of the panel, the exchange of discoverable evidence, or in any other matter necessary to bring a case to finality, and the courts and medical review panels shall enforce the timelines set forth in this article so as to carry out the intent of the general assembly.
As added by P.L.182-2016, SEC.1.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 1. Application › 34-18-1-1. Application of Article

Sec. 1. This article does not apply to an act of malpractice that occurred before July 1, 1975.
[Pre-1998 Recodification Citation: 27-12-2-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 1. Application › 34-18-1-2. Application of Prior Law; Application of Certain Amendments to Prior Law

Sec. 2. (a) The addition of IC 16-9.5-2-2.1, IC 16-9.5-2-2.2, IC 16-9.5-2-2.3, and IC 16-9.5-2-2.4 (before their repeal) by P.L.179-1985 does not apply to medical malpractice claims initiated through the filing of a proposed complaint under IC 16-9.5-9-1 (before its repeal) before June 1, 1985.
(b) The amendments made to IC 16-9.5-9-10 (before its repeal) by P.L.180-1985 do not apply to the chairman of a medical review panel formed before September 1, 1985.
As added by P.L.220-2011, SEC.552.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-1. Application of Definitions

Sec. 1. The definitions in this chapter apply throughout this article.
[Pre-1998 Recodification Citation: 27-12-2-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-2. Terms of Art

Sec. 2. A legal term or word of art that is used in this article, if not otherwise defined, has the meaning that is consistent with the common law.
[Pre-1998 Recodification Citation: 27-12-2-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-3. Repealed

[Pre-1998 Recodification Citation: 27-12-2-3.]
As added by P.L.1-1998, SEC.13. Repealed by P.L.205-2003, SEC.44.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-3.5. "Advanced Emergency Medical Technician"

Sec. 3.5. "Advanced emergency medical technician" means an individual who can perform at least one (1) procedure but not all the procedures of a paramedic and who:
(1) has completed a prescribed course in advanced life support;
(2) has been certified by the Indiana emergency medical services commission;
(3) is associated with a single supervising hospital; and
(4) is affiliated with a provider organization.
As added by P.L.77-2012, SEC.57.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-4. "Ambulance Service"

Sec. 4. "Ambulance service" means a person who employs:
(1) emergency medical technicians;
(2) advanced emergency medical technicians; or
(3) paramedics.
[Pre-1998 Recodification Citation: 27-12-2-4.]
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003, SEC.40; P.L.77-2012, SEC.58.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-4.5. "Anesthesiologist Assistant"

Sec. 4.5. "Anesthesiologist assistant" has the meaning set forth in IC 25-3.7-1-1.
As added by P.L.182-2016, SEC.2.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-5. "Annual Aggregate"

Sec. 5. "Annual aggregate" means the limitation on a health care provider's liability as provided in IC 34-18-4.
[Pre-1998 Recodification Citation: 27-12-2-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-6. "Authority"

Sec. 6. "Authority" refers to the residual malpractice insurance authority established under IC 34-18-17 (or IC 27-12-17 before its repeal).
[Pre-1998 Recodification Citation: 27-12-2-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-6.5. "Certified Nurse Midwife"

Sec. 6.5. "Certified nurse midwife" means a registered nurse who holds a license to practice midwifery under IC 25-23-1-13.1.
As added by P.L.232-2013, SEC.22.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-7. "College", "University", and "Junior College"

Sec. 7. "College, university, or junior college" means an institution for postsecondary school education accredited by the North Central Association.
[Pre-1998 Recodification Citation: 27-12-2-7.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-8. "Commissioner"

Sec. 8. "Commissioner" refers to the insurance commissioner.
[Pre-1998 Recodification Citation: 27-12-2-8.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-9. "Community Health Center"

Sec. 9. "Community health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 and governed by a board of directors, at least fifty-one percent (51%) of whom are representatives of consumers.
[Pre-1998 Recodification Citation: 27-12-2-9.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-10. "Community Mental Health Center"

Sec. 10. "Community mental health center" means a public or private mental health center established under IC 12-29.
[Pre-1998 Recodification Citation: 27-12-2-10.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-11. "Community Intellectual Disability Center"

Sec. 11. "Community intellectual disability center" means a public or private community intellectual disability and other developmental disabilities center established under IC 12-29.
[Pre-1998 Recodification Citation: 27-12-2-11.]
As added by P.L.1-1998, SEC.13. Amended by P.L.117-2015, SEC.43.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-12. "Emergency Medical Technician"

Sec. 12. "Emergency medical technician" has the meaning set forth in IC 16-18-2-112 but does not include such a person while operating an emergency vehicle.
[Pre-1998 Recodification Citation: 27-12-2-12.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-12.5. "Final Nonappealable Judgment"

Sec. 12.5. "Final nonappealable judgment" means a final judgment with respect to which:
(1) the time for filing an appeal has expired;
(2) all appeals have been exhausted; or
(3) both.
A final nonappealable judgment is issued on the date an event described in subdivisions (1) through (3) occurs.
As added by P.L.182-2016, SEC.3.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-13. "Health Care"

Sec. 13. "Health care" means an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement.
[Pre-1998 Recodification Citation: 27-12-2-13.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-14. "Health Care Provider"

Sec. 14. "Health care provider" means any of the following:
(1) An individual, a partnership, a limited liability company, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a physician, psychiatric hospital, hospital, health facility, emergency ambulance service (IC 16-18-2-107), dentist, registered or licensed practical nurse, physician assistant, certified nurse midwife, anesthesiologist assistant, optometrist, podiatrist, chiropractor, physical therapist, respiratory care practitioner, occupational therapist, psychologist, paramedic, advanced emergency medical technician, or emergency medical technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
(2) A college, university, or junior college that provides health care to a student, faculty member, or employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
(3) A blood bank, community mental health center, community intellectual disability center, community health center, or migrant health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
(7) A corporation, limited liability company, partnership, or professional corporation not otherwise qualified under this section that:
(A) as one (1) of its functions, provides health care;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care provider under this article for its health care function.
Coverage for a health care provider qualified under this subdivision is limited to its health care functions and does not extend to other causes of action.
[Pre-1998 Recodification Citation: 27-12-2-14.]
As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003, SEC.43; P.L.77-2012, SEC.61; P.L.232-2013, SEC.23; P.L.117-2015, SEC.44; P.L.182-2016, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-15. "Health Facility"

Sec. 15. "Health facility" means a facility licensed under IC 16-28.
[Pre-1998 Recodification Citation: 27-12-2-15.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-16. "Hospital"

Sec. 16. "Hospital" means a public or private institution licensed under IC 16-21-2.
[Pre-1998 Recodification Citation: 27-12-2-16.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-17. "Insurer"

Sec. 17. "Insurer" means the authority or an insurance company engaged on an admitted or nonadmitted basis in making in this state Class 2(h) malpractice liability insurance under IC 27-1-5-1.
[Pre-1998 Recodification Citation: 27-12-2-17.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-18. "Malpractice"

Sec. 18. "Malpractice" means a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.
[Pre-1998 Recodification Citation: 27-12-2-18.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-19. Repealed

[Pre-1998 Recodification Citation: 27-12-2-19.]
As added by P.L.1-1998, SEC.13. Repealed by P.L.232-2013, SEC.24.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-20. "Migrant Health Center"

Sec. 20. "Migrant health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 governed by a board of directors, at least fifty-one percent (51%) of whom are representatives of consumers and funded under Section 329 of the United States Public Health Service Act (42 U.S.C. 254b).
[Pre-1998 Recodification Citation: 27-12-2-20.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-21. "Paramedic"

Sec. 21. (a) "Paramedic", except as provided in subsection (b), has the meaning set forth in IC 16-18-2-266.
(b) The term does not include such a person while operating an emergency vehicle.
[Pre-1998 Recodification Citation: 27-12-2-21.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-22. "Patient"

Sec. 22. "Patient" means an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged malpractice on the part of a health care provider. Derivative claims include the claim of a parent or parents, guardian, trustee, child, relative, attorney, or any other representative of the patient including claims for loss of services, loss of consortium, expenses, and other similar claims.
[Pre-1998 Recodification Citation: 27-12-2-22.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-23. "Physician"

Sec. 23. "Physician" means an individual with an unlimited license to practice medicine under IC 25-22.5.
[Pre-1998 Recodification Citation: 27-12-2-23.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-24. "Psychiatric Hospital"

Sec. 24. "Psychiatric hospital" means a private institution licensed under IC 12-25 and public institutions under the administrative control of the director of a division as designated by IC 12-24-1-3.
[Pre-1998 Recodification Citation: 27-12-2-24.]
As added by P.L.1-1998, SEC.13. Amended by P.L.188-2013, SEC.25.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-24.5. "Qualified Provider"

Sec. 24.5. "Qualified provider" means a health care provider that is qualified under this article (or by IC 27-12 before its repeal) by complying with the procedures set forth in IC 34-18-3 (or IC 27-12-3 before its repeal).
As added by P.L.111-1998, SEC.4.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-25. "Representative"

Sec. 25. "Representative" means the spouse, parent, guardian, trustee, attorney, or other legal agent of the patient.
[Pre-1998 Recodification Citation: 27-12-2-25.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-26. "Risk"

Sec. 26. "Risk" means a health care provider that must apply for malpractice liability insurance coverage under IC 34-18-17.
[Pre-1998 Recodification Citation: 27-12-2-26.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-27. "Risk Manager"

Sec. 27. "Risk manager" means an insurance company that is:
(1) admitted to make insurance and actively engaged in making in this state Class 2 insurance under IC 27-1-5-1; and
(2) appointed by the commissioner to manage the authority.
[Pre-1998 Recodification Citation: 27-12-2-27.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 2. Definitions › 34-18-2-28. "Tort"

Sec. 28. "Tort" means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another.
[Pre-1998 Recodification Citation: 27-12-2-28.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-1. Application of Article

Sec. 1. A health care provider who fails to qualify under this article is not covered by this article and is subject to liability under the law without regard to this article. If a health care provider does not qualify, the patient's remedy is not affected by this article.
[Pre-1998 Recodification Citation: 27-12-3-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-2. Qualifications; Proof of Financial Responsibility; Temporary Licensees

Sec. 2. (a) Except as provided in subsection (b), for a health care provider to be qualified under this article, the health care provider or the health care provider's insurance carrier shall:
(1) cause to be filed with the commissioner proof of financial responsibility established under IC 34-18-4; and
(2) pay the surcharge assessed on all health care providers under IC 34-18-5.
(b) A health care provider who has a temporary license under IC 25-1-5.7 is qualified under this article while the temporary license is in effect.
[Pre-1998 Recodification Citation: 27-12-3-2.]
As added by P.L.1-1998, SEC.13. Amended by P.L.69-2022, SEC.12; P.L.178-2022(ts), SEC.19.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-3. Qualifications; Proof of Officers, Agents, and Employees of Health Care Providers; Temporary Licensees

Sec. 3. (a) Except as provided in subsection (b), the officers, agents, and employees of a health care provider, while acting in the course and scope of their employment, may be qualified under this chapter if the following conditions are met:
(1) The officers, agents, and employees are individually named or are members of a named class in the proof of financial responsibility filed by the health care provider under IC 34-18-4.
(2) The surcharge assessed under IC 34-18-5 is paid.
(b) An officer, agent, or employee of a health care provider who has a temporary license under IC 25-1-5.7 is qualified under this article while the temporary license is in effect.
[Pre-1998 Recodification Citation: 27-12-3-3.]
As added by P.L.1-1998, SEC.13. Amended by P.L.69-2022, SEC.13; P.L.178-2022(ts), SEC.20.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-4. Claims Against Governmental Entities and Employees

Sec. 4. (a) As used in this section, "employee of a governmental entity" has the meaning set forth in IC 34-6-2-38.
(b) As used in this section, "governmental entity" has the meaning set forth in IC 34-6-2-49.
(c) A claim against a governmental entity or an employee of a governmental entity based on an occurrence of malpractice is governed exclusively by this article if the governmental entity or employee is qualified under this article.
[Pre-1998 Recodification Citation: 27-12-3-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-5. Receipt of Proof of Financial Responsibility and Surcharge; Timeliness of Compliance; Penalties

Sec. 5. (a) Except as provided in subsection (b), the receipt of proof of financial responsibility and the surcharge constitutes compliance with section 2 of this chapter:
(1) as of the date on which they are received; or
(2) as of the effective date of the policy;
if this proof is filed with and the surcharge paid to the department of insurance not later than ninety (90) days after the effective date of the insurance policy.
(b) If an insurer files proof of financial responsibility and makes payment of the surcharge to the department of insurance at least ninety-one (91) days but not more than one hundred eighty (180) days after the policy effective date, the health care provider is in compliance with section 2 of this chapter if the insurer demonstrates to the satisfaction of the commissioner that the insurer:
(1) received the premium and surcharge in a timely manner; and
(2) erred in transmitting the surcharge in a timely manner.
(c) If the commissioner accepts a filing as timely under subsection (b), the filing must, in addition to any penalties under IC 34-18-5-3, be accompanied by a penalty amount as follows:
(1) Ten percent (10%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least ninety-one (91) days and not more than one hundred twenty (120) days after the original effective date of the policy.
(2) Twenty percent (20%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least one hundred twenty-one (121) days and not more than one hundred fifty (150) days after the original effective date of the policy.
(3) Fifty percent (50%) of the surcharge, if the proof of financial responsibility and surcharge are received by the commissioner at least one hundred fifty-one (151) days and not more than one hundred eighty (180) days after the original effective date of the policy.
[Pre-1998 Recodification Citation: 27-12-3-5.]
As added by P.L.1-1998, SEC.13. Amended by P.L.91-1998, SEC.21; P.L.111-1998, SEC.5; P.L.1-1999, SEC.69.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-6. Notification of Qualification

Sec. 6. Within five (5) business days after the department of insurance receives the information required under section 2 of this chapter for the qualification of a health care provider, the commissioner shall notify the health care provider of the following:
(1) Whether the provider is qualified.
(2) If the provider is qualified, the date the provider becomes qualified.
[Pre-1998 Recodification Citation: 27-12-3-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 3. Need to Qualify; Qualification Procedure › 34-18-3-7. Rules; Minimum Annual Aggregate Insurance Amount; Eligibility

Sec. 7. (a) The commissioner shall adopt rules under IC 4-22-2 to establish the following:
(1) Criteria for determining, upon application, whether a corporation, limited liability company, partnership, or professional corporation is subject to IC 34-18-2-14(7) and thus is eligible to qualify as a health care provider under this chapter.
(2) The minimum annual aggregate insurance amount necessary for the corporation, limited liability company, partnership, or professional corporation to become qualified under IC 34-18-2-14(7).
(b) The criteria to be established by rule under subsection (a)(1) must include the identification of the health care purpose and function of the corporation, limited liability company, partnership, or professional corporation.
(c) The minimum annual aggregate insurance amount to be set by rule under subsection (a)(2) may not exceed five hundred thousand dollars ($500,000).
(d) The commissioner may require a corporation, limited liability company, partnership, or professional corporation that seeks to qualify under IC 34-18-2-14(7) and this chapter to provide information necessary to determine eligibility and to establish the minimum annual aggregate amount applicable to the corporation, limited liability company, partnership, or professional corporation.
(e) The commissioner may require a health care provider who is qualified under section 2(b) of this chapter and an officer, agent, and employee of a health care provider who is qualified under section 3(b) of this chapter to provide information necessary to determine eligibility.
[Pre-1998 Recodification Citation: 27-12-3-7.]
As added by P.L.1-1998, SEC.13. Amended by P.L.69-2022, SEC.14.