reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 4. Establishment of Financial Responsibility › 34-18-4-1. Establishment of Financial Responsibility

Sec. 1. Financial responsibility of a health care provider and the provider's officers, agents, and employees while acting in the course and scope of their employment with the health care provider may be established under subdivision (1), (2), or (3):
(1) By the health care provider's insurance carrier filing with the commissioner proof that the health care provider is insured by a policy of malpractice liability insurance in at least the amount specified in IC 34-18-14-3(b) per occurrence and three (3) times that amount in the annual aggregate, except for the following:
(A) If the health care provider is a hospital, as defined in this article, the minimum annual aggregate insurance amount is as follows:
(i) For hospitals of not more than one hundred (100) beds, twenty (20) times the amount specified in IC 34-18-14-3(b).
(ii) For hospitals of more than one hundred (100) beds, thirty (30) times the amount specified in IC 34-18-14-3(b).
(B) If the health care provider is a health maintenance organization (as defined in IC 27-13-1-19) or a limited service health maintenance organization (as defined in IC 27-13-34-4), the minimum annual aggregate insurance amount is seven (7) times the amount specified in IC 34-18-14-3(b).
(C) If the health care provider is a health facility, the minimum annual aggregate insurance amount is as follows:
(i) For health facilities with not more than one hundred (100) beds, three (3) times the amount specified in IC 34-18-14-3(b).
(ii) For health facilities with more than one hundred (100) beds, five (5) times the amount specified in IC 34-18-14-3(b).
(2) By filing and maintaining with the commissioner cash or surety bond approved by the commissioner in the amounts set forth in subdivision (1).
(3) If the health care provider is a hospital or a psychiatric hospital, by submitting annually a verified financial statement that, in the discretion of the commissioner, adequately demonstrates that the current and future financial responsibility of the health care provider is sufficient to satisfy all potential malpractice claims incurred by the provider or the provider's officers, agents, and employees while acting in the course and scope of their employment up to a total of the amount specified in IC 34-18-14-3(b) per occurrence and annual aggregates as follows:
(A) For hospitals of not more than one hundred (100) beds, twenty (20) times the amount specified in IC 34-18-14-3(b).
(B) For hospitals of more than one hundred (100) beds, thirty (30) times the amount specified in IC 34-18-14-3(b).
The commissioner may require the deposit of security to assure continued financial responsibility.
[Pre-1998 Recodification Citation: 27-12-4-1.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.6; P.L.182-2016, SEC.5.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 4. Establishment of Financial Responsibility › 34-18-4-2. Security; Manner of Holding; Withdrawal

Sec. 2. Security provided under section 1(2) of this chapter may be held in any manner mutually agreeable to the commissioner and the health care provider. The agreement must provide that the principal may not be withdrawn before receiving the written permission of the commissioner. However, any interest earned may be withdrawn at any time by the health care provider.
[Pre-1998 Recodification Citation: 27-12-4-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 4. Establishment of Financial Responsibility › 34-18-4-3. Hospital Bed Size Determined by Indiana Department of Health

Sec. 3. For the purposes of section 1 of this chapter, the bed size of a hospital shall be considered to be the bed size published annually by the Indiana department of health.
[Pre-1998 Recodification Citation: 27-12-4-3.]
As added by P.L.1-1998, SEC.13. Amended by P.L.56-2023, SEC.308.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 4. Establishment of Financial Responsibility › 34-18-4-4. Partners and Members of Professional Corporations

Sec. 4. To establish financial responsibility under this chapter, each individual who is a member of a partnership or professional corporation must establish financial responsibility separate from the partnership or professional corporation, as well as pay the surcharge required under IC 34-18-5. However, this section does not require a health care provider to qualify under this article.
[Pre-1998 Recodification Citation: 27-12-4-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 5. Surcharge › 34-18-5-1. Annual Surcharge on Health Care Providers

Sec. 1. To create a source of money for the patient's compensation fund, an annual surcharge shall be levied on all health care providers in Indiana.
[Pre-1998 Recodification Citation: 27-12-5-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 5. Surcharge › 34-18-5-3. Collection of Surcharge; Time for Payment

Sec. 3. (a) The surcharge shall be collected on the same basis as premiums by each insurer, risk manager, or surplus lines producer.
(b) The surcharge is due and payable within thirty (30) days after the premium for malpractice liability insurance has been received by the insurer, risk manager, or surplus lines producer from a health care provider in Indiana. If a surcharge is not paid as required by this section, the insurer, risk manager, or surplus lines producer responsible for the delinquency is liable for the surcharge plus a penalty equal to ten percent (10%) of the amount of the surcharge.
(c) If the annual premium surcharge is not paid within the time limit specified in subsection (b), the certificate of authority of the insurer, risk manager, and surplus lines producer shall be suspended until the annual premium surcharge is paid.
[Pre-1998 Recodification Citation: 27-12-5-3.]
As added by P.L.1-1998, SEC.13. Amended by P.L.178-2003, SEC.96.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 5. Surcharge › 34-18-5-4. Adoption of Rules; Comparability of Rates

Sec. 4. (a) The commissioner may adopt rules establishing the following:
(1) The manner of determination of the surcharge for a health care provider that establishes financial responsibility in a way other than by a policy of malpractice liability insurance.
(2) The manner of payment of the surcharge by such a health care provider.
(b) The surcharge calculation established under subsection (a) must provide comparability in rates for insured and self-insured hospitals. This surcharge may not exceed the surcharge that would be charged by the residual authority if the health care provider electing to establish financial responsibility in this manner had applied to the residual authority for insurance.
[Pre-1998 Recodification Citation: 27-12-5-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-1. Creation of Fund

Sec. 1. (a) The patient's compensation fund is created to be collected and received by the commissioner for exclusive use for the purposes stated in this article.
(b) The fund and any income from the fund shall be held in trust, deposited in a segregated account, invested, and reinvested by the commissioner as authorized by IC 27-1-13 and does not become a part of the state general fund.
(c) Proceeds of the annual surcharge levied on all health care providers in Indiana under IC 34-18-5 shall be deposited in the fund.
[Pre-1998 Recodification Citation: 27-12-6-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-2. Protection of Fund; Legal Services; Expenses

Sec. 2. (a) The commissioner, using money from the fund, as considered necessary, appropriate, or desirable, may purchase or retain the services of persons, firms, and corporations to aid in protecting the fund against claims. The commissioner shall retain the services of counsel described in subsection (b) to represent the department when a trial court determination will be necessary to resolve a claim against the patient's compensation fund.
(b) When retaining legal services under subsection (a), the commissioner shall retain competent and experienced legal counsel licensed to practice law in Indiana to assist in litigation or other matters pertaining to the fund.
(c) The commissioner has sole authority for the following:
(1) Making a decision regarding the settlement of a claim against the patient compensation fund.
(2) Determining the reasonableness of any fee submitted to the department of insurance by an attorney who defends the patient compensation fund under this section.
(d) All expenses of collecting, protecting, and administering the fund shall be paid from the fund.
[Pre-1998 Recodification Citation: 27-12-6-2.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.8.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-3. Repealed

[Pre-1998 Recodification Citation: 27-12-6-3.]
As added by P.L.1-1998, SEC.13. Repealed by P.L.111-1998, SEC.16.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-4. Payment of Claims; Time for Payment

Sec. 4. (a) Claims for payment from the patient's compensation fund must be computed and paid not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment.
(b) If the balance in the fund is insufficient to pay in full all claims that have become final during a three (3) month period, the amount paid to each claimant must be prorated. Any amount left unpaid as a result of the proration must be paid before the payment of claims that become final during the following three (3) month period.
[Pre-1998 Recodification Citation: 27-12-6-4.]
As added by P.L.1-1998, SEC.13. Amended by P.L.18-2014, SEC.1; P.L.182-2016, SEC.6.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-5. Warrant for Payment From Fund; Vouchers

Sec. 5. The auditor of state shall issue a warrant in the amount of each claim submitted to the auditor against the fund not later than sixty (60) days after the issuance of a court approved settlement or final nonappealable judgment. The only claim against the fund shall be a voucher or other appropriate request by the commissioner after the commissioner receives:
(1) a certified copy of a final nonappealable judgment against a health care provider; or
(2) a certified copy of a court approved settlement against a health care provider.
[Pre-1998 Recodification Citation: 27-12-6-5.]
As added by P.L.1-1998, SEC.13. Amended by P.L.18-2014, SEC.2; P.L.182-2016, SEC.7.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-6. Processing of Claims; Conditions of Payment; Settlement

Sec. 6. (a) If an annual aggregate for a health care provider qualified under this article has been paid by or on behalf of the health care provider, all amounts that may subsequently become due and payable to a claimant arising out of an act of malpractice of the health care provider occurring during the year in which the annual aggregate was exhausted shall be paid from the patient's compensation fund under the following terms and conditions:
(1) A health care provider whose annual aggregate has been exhausted has no right to object to or refuse permission to settle such a claim.
(2) If a health care provider or the commissioner and claimant agree on a settlement, the following procedure must be followed:
(A) A petition shall be filed by the claimant with the court in which the action is pending against the health care provider or, if none is pending, in the circuit or superior court of Marion County, seeking approval of the agreed settlement.
(B) A copy of the petition shall be served on the commissioner and the health care provider at least ten (10) days before filing and must contain sufficient information to inform the other parties about the nature of the claim and the amount of the proposed settlement.
(C) The commissioner may agree to the settlement, or the commissioner may file written objections to the settlement. The agreement or objections shall be filed within twenty (20) days after the petition is filed.
(D) The judge of the court in which the petition is filed shall set the petition for approval or, if objections have been filed, for hearing, as soon as practicable. The court shall give notice of the hearing to the claimant, the health care provider, and the commissioner.
(E) At the hearing the commissioner, the claimant, and the health care provider may introduce relevant evidence to enable the court to determine whether or not the petition should be approved if the evidence is submitted on agreement without objections. If the commissioner and the claimant cannot agree on the amount, if any, to be paid out of the patient's compensation fund, the court shall determine the amount for which the fund is liable and render a finding and judgment accordingly. In approving a settlement or determining the amount, if any, to be paid from the patient's compensation fund, the court shall consider the liability of the health care provider as admitted and established.
(F) A settlement approved by the court may not be appealed. A judgment of the court fixing damages recoverable in a contested proceeding is appealable under the rules governing appeals in other civil cases tried by the court.
(b) The commissioner may adopt rules under IC 4-22-2 implementing this section.
[Pre-1998 Recodification Citation: 27-12-6-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 6. Patient's Compensation Fund › 34-18-6-7. Exemptions From State Procurement Statutes

Sec. 7. The following are exempt from IC 5-22 governing state purchasing:
(1) Technical contractual personnel and services retained by the commissioner for protecting and administering the patient's compensation fund.
(2) Purchasing of annuities for structuring settlements from the patient's compensation fund or in combination with the patient's compensation fund and the health care provider's insurer.
[Pre-1998 Recodification Citation: 27-12-6-7.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 7. Statute of Limitations › 34-18-7-1. Limitations Period

Sec. 1. (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c).
(b) A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor's eighth birthday to file.
(c) If a patient meets the criteria stated in IC 34-18-8-6(c), the applicable limitations period is equal to the period that would otherwise apply to the patient under subsection (b) (or IC 27-12-7-1(b) before its repeal) plus one hundred eighty (180) days.
[Pre-1998 Recodification Citation: 27-12-7-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 7. Statute of Limitations › 34-18-7-2. Time for Filing Claim; Those Under Legal Disability

Sec. 2. Notwithstanding IC 34-18-1-1, any claim, whether in contract or tort, by a minor or other person under legal disability against a health care provider stemming from professional services or health care provided based on an alleged act, omission, or neglect that occurred before July 1, 1975, shall be brought only within the longer of the following:
(1) Two (2) years after July 1, 1975.
(2) The period described in section 1 of this chapter.
[Pre-1998 Recodification Citation: 27-12-7-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 7. Statute of Limitations › 34-18-7-3. Tolling of Statute of Limitations; Filing of Proposed Complaint

Sec. 3. (a) The filing of a proposed complaint tolls the applicable statute of limitations to and including a period of ninety (90) days following the receipt of the opinion of the medical review panel by the claimant.
(b) A proposed complaint under IC 34-18-8 is considered filed when a copy of the proposed complaint is delivered or mailed by registered or certified mail to the commissioner.
[Pre-1998 Recodification Citation: 27-12-7-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-1. Commencement of Action; Complaint

Sec. 1. Subject to IC 34-18-10 and sections 4 through 6 of this chapter, a patient or the representative of a patient who has a claim under this article for bodily injury or death on account of malpractice may do the following:
(1) File a complaint in any court of law having requisite jurisdiction.
(2) By demand, exercise the right to a trial by jury.
[Pre-1998 Recodification Citation: 27-12-8-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-2. Fees

Sec. 2. The following fees must accompany each proposed complaint filed:
(1) A filing fee of five dollars ($5).
(2) A processing fee of two dollars ($2) for each additional defendant after the first defendant.
[Pre-1998 Recodification Citation: 27-12-8-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-3. Demand; Reasonable Damages

Sec. 3. Except for the declaration called for in section 6(a) of this chapter, a dollar amount or figure may not be included in the demand in a malpractice complaint, but the prayer must be for such damages as are reasonable in the premises.
[Pre-1998 Recodification Citation: 27-12-8-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-4. Prerequisites to Commencement of Action; Presentation of Claim to Medical Review Panel

Sec. 4. Notwithstanding section 1 of this chapter, and except as provided in sections 5 and 6 of this chapter, an action against a health care provider may not be commenced in a court in Indiana before:
(1) the claimant's proposed complaint has been presented to a medical review panel established under IC 34-18-10 (or IC 27-12-10 before its repeal); and
(2) an opinion is given by the panel.
[Pre-1998 Recodification Citation: 27-12-8-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-5. Agreements Not to Present Claims to Medical Review Panels

Sec. 5. Notwithstanding section 4 of this chapter, a claimant may commence an action in court for malpractice without the presentation of the claim to a medical review panel if the claimant and all parties named as defendants in the action agree that the claim is not to be presented to a medical review panel. The agreement must be in writing and must be signed by each party or an authorized agent of the party. The claimant must attach a copy of the agreement to the complaint filed with the court in which the action is commenced.
[Pre-1998 Recodification Citation: 27-12-8-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-6. Claims Not Greater Than $15,000; Commencement of Action; Dismissal Without Prejudice

Sec. 6. (a) Notwithstanding section 4 of this chapter, a patient may commence an action against a health care provider for malpractice without submitting a proposed complaint to a medical review panel if the patient's pleadings include a declaration that the patient seeks damages from the health care provider in an amount not greater than fifteen thousand dollars ($15,000). In an action commenced under this subsection (or IC 27-12-8-6(a) before its repeal), the patient is barred from recovering any amount greater than fifteen thousand dollars ($15,000), except as provided in subsection (b).
(b) A patient who:
(1) commences an action under subsection (a) (or IC 27-12-8-6(a) before its repeal) in the reasonable belief that damages in an amount not greater than fifteen thousand dollars ($15,000) are adequate compensation for the bodily injury allegedly caused by the health care provider's malpractice; and
(2) later learns, during the pendency of the action, that the bodily injury is more serious than previously believed and that fifteen thousand dollars ($15,000) is insufficient compensation for the bodily injury;
may move that the action be dismissed without prejudice and, upon dismissal of the action, may file a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under this subsection. In a second action commenced in court following the medical review panel's proceeding on the proposed complaint, the patient may recover an amount greater than fifteen thousand dollars ($15,000). However, a patient may move for dismissal without prejudice and, if dismissal without prejudice is granted, may commence a second action under this subsection only if the patient's motion for dismissal is filed within two (2) years after commencement of the original action under subsection (a) (or IC 27-12-8-6(a) before its repeal).
(c) If a patient:
(1) commences an action under subsection (a) (or IC 27-12-8-6(a) before its repeal);
(2) moves under subsection (b) (or IC 27-12-8-6(b) before its repeal) for dismissal of that action;
(3) files a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under subsection (b) (or IC 27-12-8-6(b) before its repeal); and
(4) commences a second action in court following the medical review panel proceeding on the proposed complaint;
the timeliness of the second action is governed by IC 34-18-7-1(c).
(d) A medical liability insurer of a health care provider against whom an action has been filed under subsection (a) (or IC 27-12-8-6(a) before its repeal) shall provide written notice to the state health commissioner as required under IC 34-18-9-2.
[Pre-1998 Recodification Citation: 27-12-8-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-7. Commencement of Action While Claim Being Considered by Medical Review Panel

Sec. 7. (a) Notwithstanding section 4 of this chapter, beginning July 1, 1999, a claimant may commence an action in court for malpractice at the same time the claimant's proposed complaint is being considered by a medical review panel. In order to comply with this section, the:
(1) complaint filed in court may not contain any information that would allow a third party to identify the defendant;
(2) claimant is prohibited from pursuing the action; and
(3) court is prohibited from taking any action except setting a date for trial, an action under IC 34-18-8-8 (or IC 27-12-8-8 before its repeal), or an action under IC 34-18-11 (or IC 27-12-11 before its repeal);
until section 4 of this chapter has been satisfied.
(b) Upon satisfaction of section 4 of this chapter, the identifying information described in subsection (a)(1) shall be added to the complaint by the court.
As added by P.L.111-1998, SEC.9.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 8. Commencement of a Medical Malpractice Action › 34-18-8-8. Motion to Dismiss Filed by Commissioner

Sec. 8. If action has not been taken in a case before the department of insurance for a period of at least two (2) years, the commissioner, on the:
(1) motion of a party; or
(2) commissioner's own initiative;
may file a motion in Marion county circuit court to dismiss the case under Rule 41(E) of the Indiana Rules of Trial Procedure.
As added by P.L.111-1998, SEC.10.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 9. Reporting and Review of Claims › 34-18-9-1. Proposed Complaints; Notice to Named Defendants

Sec. 1. Within ten (10) days after receiving a proposed complaint under IC 34-18-8, the commissioner shall forward a copy of the complaint by registered or certified mail to each health care provider named as a defendant, at the defendant's last and usual place of residence or the defendant's office.
[Pre-1998 Recodification Citation: 27-12-9-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 9. Reporting and Review of Claims › 34-18-9-2. Medical Liability Insurers; Notice of Suit to Commissioner

Sec. 2. A medical liability insurer of a health care provider against whom an action has been filed under IC 34-18-8-6(a) shall provide written notice to the commissioner within thirty (30) days after:
(1) the filing of the action; and
(2) the final disposition of the action.
[Pre-1998 Recodification Citation: 27-12-9-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 9. Reporting and Review of Claims › 34-18-9-3. Notice of Reserve by Medical Liability Insurer; Report of Final Adjudications and Settlements

Sec. 3. (a) A health care provider's insurer shall notify the commissioner of any malpractice case upon which the insurer has placed a reserve of at least one hundred twenty-five thousand dollars ($125,000). The insurer shall give notice to the commissioner under this subsection immediately after placing the reserve. The notice and all communications and correspondence relating to the notice are confidential and may not be made available to any person or any public or private agency.
(b) All malpractice claims settled or adjudicated to final judgment against a health care provider shall be reported to the commissioner by the plaintiff's attorney and by the health care provider or the health care provider's insurer or risk manager within sixty (60) days following final disposition of the claim. The report to the commissioner must state the following:
(1) The nature of the claim.
(2) The damages asserted and the alleged injury.
(3) The attorney's fees and expenses incurred in connection with the claim or defense.
(4) The amount of the settlement or judgment.
[Pre-1998 Recodification Citation: 27-12-9-3.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.11.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 9. Reporting and Review of Claims › 34-18-9-4. Fitness Reviews of Health Care Providers

Sec. 4. (a) The medical review panel (as described in IC 34-18-10) shall make a separate determination, at the time that it renders its opinion under IC 34-18-10-22, as to whether the name of the defendant health care provider should be forwarded to the appropriate board of professional registration for review of the health care provider's fitness to practice the health care provider's profession. The commissioner shall forward the name of the defendant health care provider if the medical review panel unanimously determines that it should be forwarded. The medical review panel determination concerning the forwarding of the name of the defendant health care provider is not admissible as evidence in a civil action. In each case involving review of a health care provider's fitness to practice forwarded under this section, the appropriate board of professional registration and examination may, in appropriate cases, take the following disciplinary action:
(1) censure;
(2) imposition of probation for a determinate period;
(3) suspension of the health care provider's license for a determinate period; or
(4) revocation of the license.
(b) Review of the health care provider's fitness to practice shall be conducted in accordance with IC 4-21.5.
(c) The appropriate board of professional registration and examination shall report to the commissioner the board's findings, the action taken, and the final disposition of each case involving review of a health care provider's fitness to practice forwarded under this section.
[Pre-1998 Recodification Citation: 27-12-9-4.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.12.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-1. Establishment of Medical Review Panels

Sec. 1. This chapter provides for the establishment of medical review panels to review proposed malpractice complaints against health care providers covered by this article.
[Pre-1998 Recodification Citation: 27-12-10-1.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-2. Request for Formation of Panels

Sec. 2. Not earlier than twenty (20) days after the filing of a proposed complaint, either party may request the formation of a medical review panel by serving a request by registered or certified mail upon all parties and the commissioner.
[Pre-1998 Recodification Citation: 27-12-10-2.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-3. Members; Chairman; Powers and Duties

Sec. 3. (a) A medical review panel consists of one (1) attorney and three (3) health care providers.
(b) The attorney member of the medical review panel shall act as chairman of the panel and in an advisory capacity but may not vote.
(c) The chairman of the medical review panel shall expedite the selection of the other panel members, convene the panel, and expedite the panel's review of the proposed complaint. The chairman may establish a reasonable schedule for submission of evidence to the medical review panel but must allow sufficient time for the parties to make full and adequate presentation of related facts and authorities.
[Pre-1998 Recodification Citation: 27-12-10-3.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-4. Selection of Panel Members

Sec. 4. A medical review panel shall be selected in the following manner:
(1) Within fifteen (15) days after the filing of a request for formation of a medical review panel under section 2 of this chapter, the parties shall select a panel chairman by agreement. If no agreement on a panel chairman can be reached, either party may request the clerk of the supreme court to draw at random a list of five (5) names of attorneys who:
(A) are qualified to practice;
(B) are presently on the rolls of the supreme court; and
(C) maintain offices in the county of venue designated in the proposed complaint or in a contiguous county.
(2) Before selecting the random list, the clerk shall collect a twenty-five dollar ($25) medical review panel selection fee from the party making the request for the formation of the random list.
(3) The clerk shall notify the parties, and the parties shall then strike names alternately with the plaintiff striking first until one (1) name remains. The remaining attorney shall be the chairman of the panel.
(4) After the striking, the plaintiff shall notify the chairman and all other parties of the name of the chairman.
(5) If a party does not strike a name within five (5) days after receiving notice from the clerk:
(A) the opposing party shall, in writing, request the clerk to strike for the party; and
(B) the clerk shall strike for that party.
(6) When one (1) name remains, the clerk shall within five (5) days notify the chairman and all other parties of the name of the chairman.
(7) Within fifteen (15) days after being notified by the clerk of being selected as chairman, the chairman shall:
(A) send a written acknowledgment of appointment to the clerk; or
(B) show good cause for relief from serving as provided in section 12 of this chapter.
[Pre-1998 Recodification Citation: 27-12-10-4.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-5. Eligibility for Panel Membership

Sec. 5. Except for health care providers who are health facility administrators, all health care providers in Indiana, whether in the teaching profession or otherwise, who hold a license to practice in their profession shall be available for selection as members of the medical review panel. Health facility administrators may not be members of the medical review panel.
[Pre-1998 Recodification Citation: 27-12-10-5.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-6. Selection of Members by Parties

Sec. 6. Each party to the action has the right to select one (1) health care provider, and upon selection, the two (2) health care providers thus selected shall select the third panelist.
[Pre-1998 Recodification Citation: 27-12-10-6.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-7. Selection of Panel Members by Multiple Parties

Sec. 7. If there are multiple plaintiffs or defendants, only one (1) health care provider shall be selected per side. The plaintiff, whether single or multiple, has the right to select one (1) health care provider and the defendant, whether single or multiple, has the right to select one (1) health care provider.
[Pre-1998 Recodification Citation: 27-12-10-7.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-8. Panelists to Be Members of Defendant's Profession

Sec. 8. If there is only one (1) party defendant who is an individual, two (2) of the panelists selected must be members of the profession identified in IC 34-18-2-14(1) of which the defendant is a member. If the individual defendant is a health care professional who specializes in a limited area, two (2) of the panelists selected must be health care professionals who specialize in the same area as the defendant.
[Pre-1998 Recodification Citation: 27-12-10-8.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-9. Selection Periods; Notification; Selections by Chairman

Sec. 9. Within fifteen (15) days after the chairman is selected, both parties shall select a health care provider and the parties shall notify the other party and the chairman of their selection. If a party fails to make a selection within the time provided, the chairman shall make the selection and notify both parties. Within fifteen (15) days after their selection, the health care provider members shall select the third member within the time provided and notify the chairman and the parties. If the providers fail to make a selection, the chairman shall make the selection and notify both parties.
[Pre-1998 Recodification Citation: 27-12-10-9.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-10. Challenges to Panel Member Selections

Sec. 10. Within ten (10) days after the selection of a panel member, written challenge without cause may be made to the panel member. Upon challenge or excuse, the party whose appointee was challenged or dismissed shall select another panelist. If the challenged or dismissed panel member was selected by the other two (2) panel members, the panel members shall make a new selection. If two (2) such challenges are made and submitted, the chairman shall within ten (10) days appoint a panel consisting of three (3) qualified panelists and each side shall, within ten (10) days after the appointment, strike one (1) panelist. The party whose appointment was challenged shall strike last, and the remaining member shall serve.
[Pre-1998 Recodification Citation: 27-12-10-10.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-11. Formation of Panel; Notice to Commissioner and Parties

Sec. 11. When a medical review panel is formed, the chairman shall within five (5) days notify the commissioner and the parties by registered or certified mail of the following:
(1) The names and addresses of the panel members.
(2) The date on which the last member was selected.
[Pre-1998 Recodification Citation: 27-12-10-11.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-12. Excusing Members From Service

Sec. 12. (a) A member of a medical review panel who is selected under this chapter shall serve unless:
(1) the parties by agreement excuse the panelist; or
(2) the panelist is excused as provided in this section for good cause shown.
(b) To show good cause for relief from serving, the attorney selected as chairman of a medical review panel must serve an affidavit upon the clerk of the supreme court. The affidavit must set out the facts showing that service would constitute an unreasonable burden or undue hardship. The clerk may excuse the attorney from serving. The attorney shall notify all parties, who shall then select a new chairman as provided in section 4 of this chapter.
(c) To show good cause for relief from serving, a health care provider member of a medical review panel must serve an affidavit upon the panel chairman. The affidavit must set out the facts showing that service would constitute an unreasonable burden or undue hardship. The chairman may excuse the member from serving and notify all parties.
[Pre-1998 Recodification Citation: 27-12-10-12.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-13. Panel Expert Opinion; Time for Issuance

Sec. 13. (a) The panel shall give its expert opinion within one hundred eighty (180) days after the selection of the last member of the initial panel. However, if:
(1) the chairman of the panel is removed under section 15 of this chapter, another member of the panel is removed under section 16 of this chapter, or any member of the panel, including the chairman, is removed by a court order; and
(2) a new member is selected to replace the removed member more than ninety (90) days after the last member of the initial panel is selected;
the panel has ninety (90) days after the selection of the new member to give an expert opinion.
(b) If the panel has not given an opinion within the time allowed under subsection (a), the panel shall submit a report to the commissioner, stating the reasons for the delay.
[Pre-1998 Recodification Citation: 27-12-10-13.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-14. Sanction for Failure to Act as Required by Chapter

Sec. 14. A party, attorney, or panelist who fails to act as required by this chapter without good cause shown is subject to mandate or appropriate sanctions upon application to the court designated in the proposed complaint as having jurisdiction.
[Pre-1998 Recodification Citation: 27-12-10-14.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-15. Removal of Chairman

Sec. 15. (a) The commissioner may remove the chairman of the panel if the commissioner determines that the chairman is not fulfilling the duties imposed upon the chairman by this chapter.
(b) If the chairman is removed under this section, a new chairman shall be selected under this chapter.
[Pre-1998 Recodification Citation: 27-12-10-15.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-16. Removal of Panel Member

Sec. 16. (a) The chairman may remove a member of the panel if the chairman determines that the member is not fulfilling the duties imposed upon the panel members by this chapter.
(b) If a member is removed under this section, a new member shall be selected under this chapter.
[Pre-1998 Recodification Citation: 27-12-10-16.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-17. Evidence; Oath

Sec. 17. (a) The evidence in written form to be considered by the medical review panel shall be promptly submitted by the respective parties.
(b) The evidence may consist of medical charts, x-rays, lab tests, excerpts of treatises, depositions of witnesses including parties, and any other form of evidence allowable by the medical review panel.
(c) Depositions of parties and witnesses may be taken before the convening of the panel.
(d) The chairman shall ensure that before the panel gives its expert opinion under section 22 of this chapter, each panel member has the opportunity to review every item of evidence submitted by the parties.
(e) Before considering any evidence or deliberating with other panel members, each member of the medical review panel shall take an oath in writing on a form provided by the panel chairman, which must read as follows:
"I (swear) (affirm) under penalties of perjury that I will well and truly consider the evidence submitted by the parties; that I will render my opinion without bias, based upon the evidence submitted by the parties, and that I have not and will not communicate with any party or representative of a party before rendering my opinion, except as authorized by law.".
[Pre-1998 Recodification Citation: 27-12-10-17.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-18. Communication With Panel by Parties or Their Agents Prohibited

Sec. 18. Neither a party, a party's agent, a party's attorney, nor a party's insurance carrier may communicate with any member of the panel, except as authorized by law, before the giving of the panel's expert opinion under section 22 of this chapter.
[Pre-1998 Recodification Citation: 27-12-10-18.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-19. Preparation of Opinion by Chairman

Sec. 19. The chairman of the panel shall advise the panel relative to any legal question involved in the review proceeding and shall prepare the opinion of the panel as provided in section 22 of this chapter.
[Pre-1998 Recodification Citation: 27-12-10-19.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-20. Convening and Questioning of Panel

Sec. 20. (a) Either party, after submission of all evidence and upon ten (10) days notice to the other side, has the right to convene the panel at a time and place agreeable to the members of the panel. Either party may question the panel concerning any matters relevant to issues to be decided by the panel before the issuance of the panel's report.
(b) The chairman of the panel shall preside at all meetings. Meetings shall be informal.
[Pre-1998 Recodification Citation: 27-12-10-20.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-21. Duties of Panel in Conduct of Inquiry; Access to Information

Sec. 21. (a) The panel has the right and duty to request all necessary information.
(b) The panel may consult with medical authorities.
(c) The panel may examine reports of other health care providers necessary to fully inform the panel regarding the issue to be decided.
(d) Both parties shall have full access to any material submitted to the panel.
[Pre-1998 Recodification Citation: 27-12-10-21.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-22. Expert Opinions

Sec. 22. (a) The panel has the sole duty to express the panel's expert opinion as to whether or not the evidence supports the conclusion that the defendant or defendants acted or failed to act within the appropriate standards of care as charged in the complaint.
(b) After reviewing all evidence and after any examination of the panel by counsel representing either party, the panel shall, within thirty (30) days, give one (1) or more of the following expert opinions, which must be in writing and signed by the panelists:
(1) The evidence supports the conclusion that the defendant or defendants failed to comply with the appropriate standard of care as charged in the complaint.
(2) The evidence does not support the conclusion that the defendant or defendants failed to meet the applicable standard of care as charged in the complaint.
(3) There is a material issue of fact, not requiring expert opinion, bearing on liability for consideration by the court or jury.
(4) The conduct complained of was or was not a factor of the resultant damages. If so, whether the plaintiff suffered:
(A) any disability and the extent and duration of the disability; and
(B) any permanent impairment and the percentage of the impairment.
[Pre-1998 Recodification Citation: 27-12-10-22.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-23. Report of Panel as Evidence at Trial; Members as Witnesses

Sec. 23. A report of the expert opinion reached by the medical review panel is admissible as evidence in any action subsequently brought by the claimant in a court of law. However, the expert opinion is not conclusive, and either party, at the party's cost, has the right to call any member of the medical review panel as a witness. If called, a witness shall appear and testify.
[Pre-1998 Recodification Citation: 27-12-10-23.]
As added by P.L.1-1998, SEC.13.
2023 Indiana Code › Title 34. Civil Law and Procedure › Article 18. Medical Malpractice › Chapter 10. Medical Review Panel › 34-18-10-24. Immunity From Civil Liability

Sec. 24. A panelist has absolute immunity from civil liability for all communications, findings, opinions, and conclusions made in the course and scope of duties prescribed by this article.
[Pre-1998 Recodification Citation: 27-12-10-24.]
As added by P.L.1-1998, SEC.13.