§ 34-51-2-17 — Nonparty defense; medical malpractice claims

Indiana § 34-51-2-17

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 51: DAMAGES
• Ch. 2: Compensatory Damages: Comparative Fault

Text

This section applies to a claim filed with the
insurance commissioner under IC 16-9.5 (before its repeal), IC 27-12
(before its repeal), or IC 34-18 against a qualified health care provider,
with the exception that the pleading of a nonparty defense, as required
by sections 15 and 16 of this chapter must occur not later than ninety
(90) days after the filing of the claim with the insurance commissioner.
However, this time limitation may be enlarged or shortened by a court
having jurisdiction over the claim in such matter as will give:
(1) the qualified health care provider reasonable opportunity to
discover the existence of a nonparty defense; and
(2) the claimant reasonable opportunity to assert a claim against
the nonparty before the expiration of the period of limitation
applicable to the claim.
[Pre-1998 Recodification Citation: 34-4-33-10(d).]

Legislative History

As added by P.L.1-1998, SEC.47.