Nonparty defense; medical malpractice claims
Sec. 17. This section applies to a claim filed with the insurance
commissioner under IC 16-9.5 (before its repeal), IC 27-12 (before
its repeal), or IC 34-18 against a qualified health care provider, with
the exception that the pleading of a nonparty defense, as required by
sections 15 and 16 of this chapter must occur not later than ninety
(90) days after the filing of the claim with the insurance
commissioner. However, this time limitation may be enlarged or
shortened by a court having jurisdiction over the claim in such matter
as will give:
(1) the qualified health care provider reasonable opportunity to
discover the existence of a nonparty defense; and
(2) the claimant reasonable opportunity to assert a claim against
the nonparty before the expiration of the period of limitation
applicable to the claim.
As added by P.L.1-1998, SEC.47.
Last modified: May 24, 2006