34-51-2-17. Nonparty Defense; Medical Malpractice Claims
Sec. 17. This section applies to a claim filed with the insurance commissioner under IC 16-9.5 (before its repeal), IC 27-12 (before its repeal), or IC 34-18 against a qualified health care provider, with the exception that the pleading of a nonparty defense, as required by sections 15 and 16 of this chapter must occur […]
34-51-2-18. Actions Against Defendants Who Are Qualified Health Care Providers and Who Are Not Qualified Health Care Providers; Delay; Joinder
Sec. 18. (a) This section applies to an action based on fault that is brought by the claimant against: (1) one (1) or more defendants who are qualified health care providers under IC 34-18; and (2) one (1) or more defendants who are not qualified health care providers. (b) Upon application of the claimant, the […]
34-51-2-19. Liens or Claims to Diminish in Same Proportion as Claimant’s Recovery Is Diminished
Sec. 19. If a subrogation claim or other lien or claim that arose out of the payment of medical expenses or other benefits exists in respect to a claim for personal injuries or death and the claimant’s recovery is diminished: (1) by comparative fault; or (2) by reason of the uncollectibility of the full value […]
34-51-2-4. Defendant as Single Party
Sec. 4. For purposes of sections 6 through 10 of this chapter, a defendant may be treated along with another defendant as a single party where recovery is sought against that defendant not based upon the defendant’s own alleged act or omission but upon the defendant’s relationship to the other defendant. [Pre-1998 Recodification Citation: 34-4-33-2(b).] […]
34-51-2-5. Effect of Contributory Fault
Sec. 5. In an action based on fault, any contributory fault chargeable to the claimant diminishes proportionately the amount awarded as compensatory damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery except as provided in section 6 of this chapter. [Pre-1998 Recodification Citation: 34-4-33-3.] As added by P.L.1-1998, SEC.47.
34-51-2-6. Barring of Recovery; Degree of Contributory Fault
Sec. 6. (a) In an action based on fault that is brought against: (1) one (1) defendant; or (2) two (2) or more defendants who may be treated as a single party; the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed […]
34-51-2-7. Jury Instructions; Single Party Defendant
Sec. 7. (a) This section applies to an action based on fault that is: (1) brought against one (1) defendant or two (2) or more defendants who may be treated as a single party; and (2) tried to a jury. (b) The court, unless all the parties agree otherwise, shall instruct the jury to determine […]
34-51-2-8. Jury Instructions; Multiple Defendants
Sec. 8. (a) This section applies to an action based on fault that: (1) is brought against two (2) or more defendants; and (2) is tried to a jury. (b) The court, unless all the parties agree otherwise, shall instruct the jury to determine its verdict in the following manner: (1) The jury shall determine […]
34-51-2-9. Trial Without Jury; Award of Damages
Sec. 9. In an action based on fault that is tried by the court without a jury, the court shall make its award of damages according to the principles specified for juries in sections 7 and 8 of this chapter. [Pre-1998 Recodification Citation: 34-4-33-5(c).] As added by P.L.1-1998, SEC.47.
34-51-2-10. Intentional Torts; Full Recovery of Damages From Convicted Defendant
Sec. 10. In the case of an intentional tort, the plaintiff may recover one hundred percent (100%) of the compensatory damages in a civil action for intentional tort from a defendant who was convicted after a prosecution based on the same evidence. [Pre-1998 Recodification Citation: 34-4-33-5(d).] As added by P.L.1-1998, SEC.47.