Claims not greater than $15,000; commencement of action;
dismissal without prejudice
Sec. 6. (a) Notwithstanding section 4 of this chapter, a patient
may commence an action against a health care provider for
malpractice without submitting a proposed complaint to a medical
review panel if the patient's pleadings include a declaration that the
patient seeks damages from the health care provider in an amount not
greater than fifteen thousand dollars ($15,000). In an action
commenced under this subsection (or IC 27-12-8-6(a) before its
repeal), the patient is barred from recovering any amount greater than
fifteen thousand dollars ($15,000), except as provided in subsection
(b).
(b) A patient who:
(1) commences an action under subsection (a) (or
IC 27-12-8-6(a) before its repeal) in the reasonable belief that
damages in an amount not greater than fifteen thousand dollars
($15,000) are adequate compensation for the bodily injury
allegedly caused by the health care provider's malpractice; and
(2) later learns, during the pendency of the action, that the
bodily injury is more serious than previously believed and that
fifteen thousand dollars ($15,000) is insufficient compensation
for the bodily injury;
may move that the action be dismissed without prejudice and, upon
dismissal of the action, may file a proposed complaint subject to
section 4 of this chapter based upon the same allegations of
malpractice as were asserted in the action dismissed under this
subsection. In a second action commenced in court following the
medical review panel's proceeding on the proposed complaint, the
patient may recover an amount greater than fifteen thousand dollars
($15,000). However, a patient may move for dismissal without
prejudice and, if dismissal without prejudice is granted, may
commence a second action under this subsection only if the patient's
motion for dismissal is filed within two (2) years after
commencement of the original action under subsection (a) (or
IC 27-12-8-6(a) before its repeal).
(c) If a patient:
(1) commences an action under subsection (a) (or
IC 27-12-8-6(a) before its repeal);
(2) moves under subsection (b) (or IC 27-12-8-6(b) before its
repeal) for dismissal of that action;
(3) files a proposed complaint subject to section 4 of this
chapter based upon the same allegations of malpractice as were
asserted in the action dismissed under subsection (b) (or
IC 27-12-8-6(b) before its repeal); and
(4) commences a second action in court following the medical
review 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 against
whom an action has been filed under subsection (a) (or
IC 27-12-8-6(a) before its repeal) shall provide written notice to the
state health commissioner as required under IC 34-18-9-2.
As added by P.L.1-1998, SEC.13.
Last modified: May 24, 2006