§ 34-18-8-6 — Claims not greater than $15,000; commencement of action; dismissal without prejudice

Indiana § 34-18-8-6

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 18: MEDICAL MALPRACTICE
• Ch. 8: Commencement of a Medical Malpractice Action

Text

(a) Notwithstanding section 4 of this chapter,
a patient may commence an action against a health care provider for
malpractice without submitting a proposed complaint to a medical
review panel if the patient's pleadings include a declaration that the
patient seeks damages from the health care provider in an amount not
greater than fifteen thousand dollars ($15,000). In an action
commenced under this subsection (or IC 27-12-8-6(a) before its
repeal), the patient is barred from recovering any amount greater than
fifteen thousand dollars ($15,000), except as provided in subsection
(b).
(b) A patient who:
(1) commences an action under subsection (a) (or IC 27-12-8-6(a)
before its repeal) in the reasonable belief that damages in an
amount not greater than fifteen thousand dollars ($15,000) are
adequate compensation for the bodily injury allegedly caused by
the health care provider's malpractice; and
(2) later learns, during the pendency of the action, that the bodily
injury is more serious than previously believed and that fifteen
thousand dollars ($15,000) is insufficient compensation for the
bodily injury;
may move that the action be dismissed without prejudice and, upon
dismissal of the action, may file a proposed complaint subject to
section 4 of this chapter based upon the same allegations of malpractice
as were asserted in the action dismissed under this subsection. In a
second action commenced in court following the medical review
panel's proceeding on the proposed complaint, the patient may recover
an amount greater than fifteen thousand dollars ($15,000). However,
a patient may move for dismissal without prejudice and, if dismissal
without prejudice is granted, may commence a second action under this
subsection only if the patient's motion for dismissal is filed within two
(2) years after commencement of the original action under subsection
(a) (or IC 27-12-8-6(a) before its repeal).
(c) If a patient:
(1) commences an action under subsection (a) (or IC 27-12-8-6(a)
before its repeal);
(2) moves under subsection (b) (or IC 27-12-8-6(b) before its
repeal) for dismissal of that action;
(3) files a proposed complaint subject to section 4 of this chapter
based upon the same allegations of malpractice as were asserted
in the action dismissed under subsection (b) (or IC 27-12-8-6(b)
before its repeal); and
(4) commences a second action in court following the medical
review panel proceeding on the proposed complaint;
the timeliness of the second action is governed by IC 34-18-7-1(c).
(d) A medical liability insurer of a health care provider against
whom an action has been filed under subsection (a) (or IC 27-12-8-6(a)
before its repeal) shall provide written notice to the state health
commissioner as required under IC 34-18-9-2.
[Pre-1998 Recodification Citation: 27-12-8-6.]

Legislative History

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