IC 34-18-8
    Chapter 8. Commencement of a Medical Malpractice Action

IC 34-18-8-1
Commencement of action; complaint
    Sec. 1. Subject to IC 34-18-10 and sections 4 through 6 of thischapter, a patient or the representative of a patient who has a claimunder this article for bodily injury or death on account of malpracticemay do the following:
        (1) File a complaint in any court of law having requisitejurisdiction.
        (2) By demand, exercise the right to a trial by jury.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-2
Fees
    Sec. 2. The following fees must accompany each proposedcomplaint filed:
        (1) A filing fee of five dollars ($5).
        (2) A processing fee of two dollars ($2) for each additionaldefendant after the first defendant.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-3
Demand; reasonable damages
    Sec. 3. Except for the declaration called for in section 6(a) of thischapter, a dollar amount or figure may not be included in the demandin a malpractice complaint, but the prayer must be for such damagesas are reasonable in the premises.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-4
Prerequisites to commencement of action; presentation of claim tomedical review panel
    Sec. 4. Notwithstanding section 1 of this chapter, and except asprovided in sections 5 and 6 of this chapter, an action against a healthcare provider may not be commenced in a court in Indiana before:
        (1) the claimant's proposed complaint has been presented to amedical review panel established under IC 34-18-10 (orIC 27-12-10 before its repeal); and
        (2) an opinion is given by the panel.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-5
Agreements not to present claims to medical review panels
    Sec. 5. Notwithstanding section 4 of this chapter, a claimant maycommence an action in court for malpractice without the presentationof the claim to a medical review panel if the claimant and all partiesnamed as defendants in the action agree that the claim is not to bepresented to a medical review panel. The agreement must be in

writing and must be signed by each party or an authorized agent ofthe party. The claimant must attach a copy of the agreement to thecomplaint filed with the court in which the action is commenced.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-6
Claims not greater than $15,000; commencement of action;dismissal without prejudice
    Sec. 6. (a) Notwithstanding section 4 of this chapter, a patientmay commence an action against a health care provider formalpractice without submitting a proposed complaint to a medicalreview panel if the patient's pleadings include a declaration that thepatient seeks damages from the health care provider in an amount notgreater than fifteen thousand dollars ($15,000). In an actioncommenced under this subsection (or IC 27-12-8-6(a) before itsrepeal), the patient is barred from recovering any amount greater thanfifteen thousand dollars ($15,000), except as provided in subsection(b).
    (b) A patient who:
        (1) commences an action under subsection (a) (orIC 27-12-8-6(a) before its repeal) in the reasonable belief thatdamages in an amount not greater than fifteen thousand dollars($15,000) are adequate compensation for the bodily injuryallegedly caused by the health care provider's malpractice; and
        (2) later learns, during the pendency of the action, that thebodily injury is more serious than previously believed and thatfifteen thousand dollars ($15,000) is insufficient compensationfor the bodily injury;
may move that the action be dismissed without prejudice and, upondismissal of the action, may file a proposed complaint subject tosection 4 of this chapter based upon the same allegations ofmalpractice as were asserted in the action dismissed under thissubsection. In a second action commenced in court following themedical review panel's proceeding on the proposed complaint, thepatient may recover an amount greater than fifteen thousand dollars($15,000). However, a patient may move for dismissal withoutprejudice and, if dismissal without prejudice is granted, maycommence a second action under this subsection only if the patient'smotion for dismissal is filed within two (2) years aftercommencement of the original action under subsection (a) (orIC 27-12-8-6(a) before its repeal).
    (c) If a patient:
        (1) commences an action under subsection (a) (orIC 27-12-8-6(a) before its repeal);
        (2) moves under subsection (b) (or IC 27-12-8-6(b) before itsrepeal) for dismissal of that action;
        (3) files a proposed complaint subject to section 4 of thischapter based upon the same allegations of malpractice as wereasserted in the action dismissed under subsection (b) (orIC 27-12-8-6(b) before its repeal); and        (4) commences a second action in court following the medicalreview 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 againstwhom an action has been filed under subsection (a) (orIC 27-12-8-6(a) before its repeal) shall provide written notice to thestate health commissioner as required under IC 34-18-9-2.
As added by P.L.1-1998, SEC.13.

IC 34-18-8-7
Commencement of action while claim being considered by medicalreview panel
    Sec. 7. (a) Notwithstanding section 4 of this chapter, beginningJuly 1, 1999, a claimant may commence an action in court formalpractice at the same time the claimant's proposed complaint isbeing considered by a medical review panel. In order to comply withthis section, the:
        (1) complaint filed in court may not contain any informationthat would allow a third party to identify the defendant;
        (2) claimant is prohibited from pursuing the action; and
        (3) court is prohibited from taking any action except setting adate for trial, an action under IC 34-18-8-8 (or IC 27-12-8-8before its repeal), or an action under IC 34-18-11 (orIC 27-12-11 before its repeal);
until section 4 of this chapter has been satisfied.
    (b) Upon satisfaction of section 4 of this chapter, the identifyinginformation described in subsection (a)(1) shall be added to thecomplaint by the court.
As added by P.L.111-1998, SEC.9.

IC 34-18-8-8
Motion to dismiss filed by commissioner
    Sec. 8. If action has not been taken in a case before thedepartment of insurance for a period of at least two (2) years, thecommissioner, on the:
        (1) motion of a party; or
        (2) commissioner's own initiative;
may file a motion in Marion county circuit court to dismiss the caseunder Rule 41(E) of the Indiana Rules of Trial Procedure.
As added by P.L.111-1998, SEC.10.