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IC 34-18-9
     Chapter 9. Reporting and Review of Claims
 

IC 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.
As added by P.L.1-1998, SEC.13.
 

IC 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.
As added by P.L.1-1998, SEC.13.
 

IC 34-18-9-3
Notice of reserve by medical liabilty 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.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.11.
 

IC 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.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.12.

 

 

Note:

Anyone who believes they may have a medical malpractice claim should immediately consult an attorney with experience in handling such cases.  As with many areas of the law, medical malpractice law in Indiana is very complex and contains numerous caveats and peculiarities. One should not attempt to interpret or apply the law to one's case without the consultation of a medical malpractice lawyer.  Given that various time limitations may apply, it is highly advisable to consult such an attorney without delay, in order to avoid having a potential claim barred.

For more information, or for a free attorney consultation with The Powless Law Firm, click here, or call toll-free: (888)922-2889

This page was last updated on 8/8/05.  It is highly advisable to undertake an independent review of the current statute to ensure that no legislative changes have been adopted since such time.

 
 


 
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