Indiana § 34-18-14-3 - Recovery limitations

§ 34-18-14-3. Recovery limitations

Sec. 3. (a) The total amount recoverable for an injury or death of a patient may not exceed the following:

(1) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs before January 1, 1990.

(2) Seven hundred fifty thousand dollars ($750,000) for an act of malpractice that occurs:

(A) after December 31, 1989; and

(B) before July 1, 1999.

(3) One million two hundred fifty thousand dollars ($1,250,000) for an act of malpractice that occurs:

(A) after June 30, 1999; and

(B) before July 1, 2017.

(4) One million six hundred fifty thousand dollars ($1,650,000) for an act of malpractice that occurs:

(A) after June 30, 2017; and

(B) before July 1, 2019.

(5) One million eight hundred thousand dollars ($1,800,000) for an act of malpractice that occurs after June 30, 2019.

(b) A health care provider qualified under this article (or IC 27-12 before its repeal) is not liable for an amount in excess of the following:

(1) Two hundred fifty thousand dollars ($250,000) for an act of malpractice that occurs:

(A) after June 30, 1999; and

(B) before July 1, 2017.

(2) Four hundred thousand dollars ($400,000) for an act of malpractice that occurs:

(A) after June 30, 2017; and

(B) before July 1, 2019.

(3) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs after June 30, 2019.

(c) Any amount due from a judgment or settlement that is in excess of the total liability of all liable health care providers, subject to subsections (a), (b), and (d), shall be paid from the patient's compensation fund under IC 34-18-15.

(d) If a health care provider qualified under this article (or IC 27-12 before its repeal) admits liability or is adjudicated liable solely by reason of the conduct of another health care provider who is an officer, agent, or employee of the health care provider acting in the course and scope of employment and qualified under this article (or IC 27-12 before its repeal), the total amount that shall be paid to the claimant on behalf of the officer, agent, or employee and the health care provider by the health care provider or its insurer is the following:

(1) Two hundred fifty thousand dollars ($250,000) for an act of malpractice that occurs:

(A) after June 30, 1999; and

(B) before July 1, 2017.

(2) Four hundred thousand dollars ($400,000) for an act of malpractice that occurs:

(A) after June 30, 2017; and

(B) before July 1, 2019.

(3) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs after June 30, 2019.

The balance of an adjudicated amount to which the claimant is entitled shall be paid by other liable health care providers or the patient's compensation fund, or both.

[Pre-1998 Recodification Citation: 27-12-14-3.]

As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.14; P.L.182-2016, SEC.9.