CHAPTER 14. LIMITS ON DAMAGES
IC 34-18-14
Chapter 14. Limits on Damages
IC 34-18-14-1
"Cost of the periodic payments agreement" defined
Sec. 1. As used in this chapter, "cost of the periodic paymentsagreement" means the amount expended by the health care provider(or its insurer), the commissioner, or the commissioner and the healthcare provider (or its insurer), at the time the periodic paymentsagreement is made, to obtain the commitment from a third party tomake available money for use as future payment, the total of whichmay exceed the limits provided in section 3 of this chapter.
As added by P.L.1-1998, SEC.13.
IC 34-18-14-2
"Periodic payments agreement" defined
Sec. 2. As used in this chapter, "periodic payments agreement"means a contract between a health care provider (or its insurer) andthe patient (or the patient's estate), under which the health careprovider is relieved from possible liability in consideration of:
(1) a present payment of money to the patient (or the patient'sestate); and
(2) one (1) or more payments to the patient (or the patient'sestate) in the future;
whether or not some or all of the payments are contingent upon thepatient's survival to the proposed date of payment.
As added by P.L.1-1998, SEC.13.
IC 34-18-14-3
Recovery limitations
Sec. 3. (a) The total amount recoverable for an injury or death ofa patient may not exceed the following:
(1) Five hundred thousand dollars ($500,000) for an act ofmalpractice that occurs before January 1, 1990.
(2) Seven hundred fifty thousand dollars ($750,000) for an actof 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 after June 30, 1999.
(b) A health care provider qualified under this article (or IC 27-12before its repeal) is not liable for an amount in excess of two hundredfifty thousand dollars ($250,000) for an occurrence of malpractice.
(c) Any amount due from a judgment or settlement that is inexcess of the total liability of all liable health care providers, subjectto subsections (a), (b), and (d), shall be paid from the patient'scompensation fund under IC 34-18-15.
(d) If a health care provider qualified under this article (orIC 27-12 before its repeal) admits liability or is adjudicated liablesolely by reason of the conduct of another health care provider who
is an officer, agent, or employee of the health care provider acting inthe course and scope of employment and qualified under this article(or IC 27-12 before its repeal), the total amount that shall be paid tothe claimant on behalf of the officer, agent, or employee and thehealth care provider by the health care provider or its insurer is twohundred fifty thousand dollars ($250,000). The balance of anadjudicated amount to which the claimant is entitled shall be paid byother liable health care providers or the patient's compensation fund,or both.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,SEC.14.
IC 34-18-14-4
Discharge of possible liability; periodic payments agreement
Sec. 4. (a) If the possible liability of the health care provider tothe patient is discharged solely through an immediate payment, thelimitations on recovery from a health care provider stated in section3(b) and 3(d) of this chapter apply without adjustment.
(b) If the health care provider agrees to discharge its possibleliability to the patient through a periodic payments agreement, theamount of the patient's recovery from a health care provider in a caseunder this subsection is the amount of any immediate payment madeby the health care provider or the health care provider's insurer to thepatient, plus the cost of the periodic payments agreement to thehealth care provider or the health care provider's insurer. For thepurpose of determining the limitations on recovery stated in section3(b) and 3(d) of this chapter and for the purpose of determining thequestion under IC 34-18-15-3 of whether the health care provider orthe health care provider's insurer has agreed to settle its liability bypayment of its policy limits, the sum of:
(1) the present payment of money to the patient (or the patient'sestate) by the health care provider (or the health care provider'sinsurer); plus
(2) the cost of the periodic payments agreement expended bythe health care provider (or the health care provider's insurer);
must exceed one hundred eighty-seven thousand dollars ($187,000).
(c) More than one (1) health care provider may contribute to thecost of a periodic payments agreement, and in such an instance thesum of the amounts expended by each health care provider forimmediate payments and for the cost of the periodic paymentsagreement shall be used to determine whether the one hundredeighty-seven thousand dollar ($187,000) requirement in subsection(b) has been satisfied. However, one (1) health care provider or itsinsurer must be liable for at least fifty thousand dollars ($50,000).
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,SEC.15.
IC 34-18-14-5
Limitations on recovery from fund; direct payments; periodicpayments Sec. 5. (a) If the possible liability of the fund to the patient isdischarged solely through a direct payment made underIC 34-18-15-1, the limitations on recovery from the patient'scompensation fund established under section 3 of this chapter applywithout adjustment.
(b) If an agreement is made to discharge the fund's possibleliability to the patient through a periodic payments agreement, theamount of the patient's recovery from the fund is:
(1) the amount of any immediate payment made directly to thepatient from the fund; plus
(2) the cost of the periodic payments agreement paid by thecommissioner on behalf of the fund;
for the purposes of the limitations on recovery from the fundestablished under section 3 of this chapter.
As added by P.L.1-1998, SEC.13.