§ 34-18-14-5 — Limitations on recovery from fund; direct payments; periodic payments

Indiana § 34-18-14-5

• 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 fund to the
patient is discharged solely through a direct payment made under IC 34-18-15-1, the limitations on recovery from the patient's compensation
fund established under section 3 of this chapter apply without
adjustment.
(b) If an agreement is made to discharge the fund's possible liability
to the patient through a periodic payments agreement, the amount of
the patient's recovery from the fund is:
(1) the amount of any immediate payment made directly to the
patient from the fund; plus
(2) the cost of the periodic payments agreement paid by the
commissioner on behalf of the fund;
for the purposes of the limitations on recovery from the fund
established under section 3 of this chapter.
[Pre-1998 Recodification Citation: 27-12-14-5.]

Legislative History

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