34-18-17-8. Investment of Surplus Premiums Over Losses; Segregation of Funds
Sec. 8. All money appropriated by the state and any surplus of premiums over losses and expenses received by the authority shall be placed in a segregated fund and shall be invested and reinvested by the commissioner within the limitations set forth in IC 27-1-13. Investment income generated shall remain in the segregated fund. [Pre-1998 […]
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 […]
34-18-12-8. Patient Refusal to Receive Information
Sec. 8. A patient may refuse to receive some or all of the information described in section 3 of this chapter. [Pre-1998 Recodification Citation: 27-12-12-8.] As added by P.L.1-1998, SEC.13.
34-18-12-9. Consent Not Required; Mental Disability or Emergency
Sec. 9. Sections 2 and 3 of this chapter do not apply to a person who is mentally incapable of understanding the information required to be provided by section 3 of this chapter. This section does not require consent to health care in an emergency. [Pre-1998 Recodification Citation: 27-12-12-9.] As added by P.L.1-1998, SEC.13.
34-18-13-1. Liability Under Chapter Dependent Upon Maintenance of Malpractice Liability Insurance
Sec. 1. Only while malpractice liability insurance remains in force are the health care provider and the health care provider’s insurer liable to a patient or the patient’s representative for malpractice to the extent and in the manner specified in this article. [Pre-1998 Recodification Citation: 27-12-13-1.] As added by P.L.1-1998, SEC.13.
34-18-13-2. Acceptance of Article; Filing of Proof of Financial Responsibility
Sec. 2. The filing of proof of financial responsibility with the commissioner constitutes, on the part of the insurer, a conclusive and unqualified acceptance of this article. [Pre-1998 Recodification Citation: 27-12-13-2.] As added by P.L.1-1998, SEC.13.
34-18-13-3. Policy Terms Limiting Liability Void
Sec. 3. A provision in a policy attempting to limit or modify the liability of the insurer contrary to this article is void. [Pre-1998 Recodification Citation: 27-12-13-3.] As added by P.L.1-1998, SEC.13.