34-18-18-1. Limitation on Fees
Sec. 1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff’s claim subject to IC 34-18-8-4, the plaintiff’s attorney’s fees may not exceed, for an act of malpractice committed: (1) before July 1, 2017, fifteen percent (15%) of any recovery from the fund; and (2) after June 30, 2017, thirty-two […]
34-18-18-2. Per Diem Payment by Written Agreement
Sec. 2. A patient has the right to elect to pay for the attorney’s services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment. [Pre-1998 Recodification Citation: 27-12-18-2.] As added by P.L.1-1998, SEC.13.
34-18-15-3. Demand in Excess of Policy Limits; Procedure
Sec. 3. If a health care provider or its insurer has agreed to settle its liability on a claim by payment of its policy limits established in IC 34-18-14-3(b) and IC 34-18-14-3(d), and the claimant is demanding an amount in excess of that amount, the following procedure must be followed: (1) A petition shall be […]
34-18-15-4. Failure to Pay Settlement or Judgment
Sec. 4. If a health care provider or the health care provider’s surety or liability insurance carrier fails to pay any agreed settlement or final judgment within ninety (90) days, the agreed settlement or final judgment shall be paid from the patient’s compensation fund, and the fund shall be subrogated to any and all of […]
34-18-16-1. Advanced Payment Not Admission of Liability
Sec. 1. Except as provided in IC 34-18-15-3, any advance payment made by the defendant health care provider or the health care provider’s insurer to or for the plaintiff or any other person may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else in an […]
34-18-16-2. Admissibility; Payment Exceeds Liability of Defendant; Adjustment of Judgments
Sec. 2. (a) Evidence of an advance payment is not admissible until there is a final judgment in favor of the plaintiff. In this case the court shall reduce the judgment to the plaintiff to the extent of the advance payment. The advance payment inures to the exclusive benefit of the defendant or the defendant’s […]
34-18-16-3. Claim Not Assignable
Sec. 3. A patient’s claim for compensation under this article is not assignable. [Pre-1998 Recodification Citation: 27-12-16-3.] As added by P.L.1-1998, SEC.13.
34-18-17-1. Purpose of Chapter
Sec. 1. The purpose of this chapter is to make malpractice liability insurance available to risks (as defined in this article). [Pre-1998 Recodification Citation: 27-12-17-1.] As added by P.L.1-1998, SEC.13.
34-18-17-2. Residual Malpractice Authority Created
Sec. 2. (a) The residual malpractice insurance authority is created. (b) The department of insurance is designated as the residual malpractice insurance authority for the purposes of this article. (c) The authority may engage in making malpractice liability insurance, as described in IC 27-1-5-1, Class 2(h), in Indiana. [Pre-1998 Recodification Citation: 27-12-17-2.] As added by […]
34-18-17-3. Appointment of Risk Manager; Liability Limit
Sec. 3. The commissioner shall appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager are not liable for or subject to use or expenditure for the purpose of providing insurance by the authority. [Pre-1998 Recodification Citation: 27-12-17-3.] As added by P.L.1-1998, SEC.13.