§ 34-18-14-4 — Discharge of possible liability; periodic payments agreement

Indiana § 34-18-14-4

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 18: MEDICAL MALPRACTICE
• Ch. 14: Limits on Damages

Text

(a) If the possible liability of the health care
provider to the patient is discharged solely through an immediate
payment, the limitations on recovery from a health care provider stated
in section 3(b) and 3(d) of this chapter apply.
(b) If the health care provider agrees to discharge its possible
liability to the patient through a periodic payments agreement, the
amount of the patient's recovery from a health care provider in a case
under this subsection is the amount of any immediate payment made by
the health care provider or the health care provider's insurer to the
patient, plus the cost of the periodic payments agreement to the health
care provider or the health care provider's insurer. For the purpose of
determining the limitations on recovery stated in section 3(b) and 3(d)
of this chapter and for the purpose of determining the question under
IC 34-18-15-3 of whether the health care provider or the health care
provider's insurer has agreed to settle its liability by payment of its
policy limits, the sum of the present payment of money to the patient
(or the patient's estate) by the health care provider (or the health care
provider's insurer) plus the cost of the periodic payments agreement
expended by the health care provider (or the health care provider's
insurer) must exceed:
(1) one hundred eighty-seven thousand dollars ($187,000) for an
act of malpractice that occurs:
(A) after June 30, 1999; and
(B) before July 1, 2017; and
(2) seventy-five percent (75%) of the maximum amount a health
care provider is responsible for under section 3(b) and 3(d) of this
chapter for an act of malpractice that occurs after June 30, 2017.
(c) More than one (1) health care provider may contribute to the cost
of a periodic payments agreement, and in such an instance the sum of
the amounts expended by each health care provider for immediate
payments and for the cost of the periodic payments agreement shall be
used to determine whether the requirement in subsection (b) has been
satisfied. However, one (1) health care provider or its insurer must be
liable for at least fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 27-12-14-4.]

Legislative History

As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.15; P.L.182-2016, SEC.10.