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 after June 30, 1999.
(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 two hundred
fifty thousand dollars ($250,000) for an occurrence of malpractice.
(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 two
hundred fifty thousand dollars ($250,000). 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.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.14.
Last modified: May 24, 2006