§ 34-18-6-2 — Protection of fund; legal services; expenses

Indiana § 34-18-6-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 18: MEDICAL MALPRACTICE
• Ch. 6: Patient's Compensation Fund

Text

(a) The commissioner, using money from the
fund, as considered necessary, appropriate, or desirable, may purchase
or retain the services of persons, firms, and corporations to aid in
protecting the fund against claims. The commissioner shall retain the
services of counsel described in subsection (b) to represent the
department when a trial court determination will be necessary to
resolve a claim against the patient's compensation fund.
(b) When retaining legal services under subsection (a), the
commissioner shall retain competent and experienced legal counsel
licensed to practice law in Indiana to assist in litigation or other matters
pertaining to the fund.
(c) The commissioner has sole authority for the following:
(1) Making a decision regarding the settlement of a claim against
the patient compensation fund.
(2) Determining the reasonableness of any fee submitted to the
department of insurance by an attorney who defends the patient
compensation fund under this section.
(d) All expenses of collecting, protecting, and administering the
fund shall be paid from the fund.
[Pre-1998 Recodification Citation: 27-12-6-2.]

Legislative History

As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.8.