CHAPTER 16. EVIDENCE OF ADVANCED PAYMENT; ASSIGNABILITY OF CLAIM
IC 34-18-16
Chapter 16. Evidence of Advanced Payment; Assignability ofClaim
IC 34-18-16-1
Advanced payment not admission of liability
Sec. 1. Except as provided in IC 34-18-15-3, any advance paymentmade by the defendant health care provider or the health careprovider's insurer to or for the plaintiff or any other person may notbe construed as an admission of liability for injuries or damagessuffered by the plaintiff or anyone else in an action brought formedical malpractice.
As added by P.L.1-1998, SEC.13.
IC 34-18-16-2
Admissibility; payment exceeds liability of defendant; adjustmentof judgments
Sec. 2. (a) Evidence of an advance payment is not admissible untilthere is a final judgment in favor of the plaintiff. In this case thecourt shall reduce the judgment to the plaintiff to the extent of theadvance payment. The advance payment inures to the exclusivebenefit of the defendant or the defendant's insurer making thepayment.
(b) If the advance payment exceeds the liability of the defendantor the insurer making the advance payment, the court shall order anyadjustment necessary to equalize the amount that each defendant isobligated to pay, exclusive of costs. An advance payment in excessof an award is not repayable by the person receiving the advancepayment.
As added by P.L.1-1998, SEC.13.
IC 34-18-16-3
Claim not assignable
Sec. 3. A patient's claim for compensation under this article is notassignable.
As added by P.L.1-1998, SEC.13.