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:
(A) after June 30, 1999; and
(B) before July 1, 2017.
(4) One million six hundred fifty thousand dollars ($1,650,000)
for an act of malpractice that occurs:
(A) after June 30, 2017; and
(B) before July 1, 2019.
(5) One million eight hundred thousand dollars ($1,800,000) for
an act of malpractice that occurs after June 30, 2019.
(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 the following:
(1) Two hundred fifty thousand dollars ($250,000) for an act of
malpractice that occurs:
(A) after June 30, 1999; and
(B) before July 1, 2017.
(2) Four hundred thousand dollars ($400,000) for an act of
malpractice that occurs:
(A) after June 30, 2017; and
(B) before July 1, 2019.
(3) Five hundred thousand dollars ($500,000) for an act of
malpractice that occurs after June 30, 2019.
(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 the following:
(1) Two hundred fifty thousand dollars ($250,000) for an act of
malpractice that occurs:
(A) after June 30, 1999; and
(B) before July 1, 2017.
(2) Four hundred thousand dollars ($400,000) for an act of
malpractice that occurs:
(A) after June 30, 2017; and
(B) before July 1, 2019.
(3) Five hundred thousand dollars ($500,000) for an act of
malpractice that occurs after June 30, 2019.
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.
[Pre-1998 Recodification Citation: 27-12-14-3.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.14; P.L.182-2016, SEC.9.
Notes of Decisions
Cited in
70
cases (
4 in the last 5 years), 1999–2026 · leading case:
In Re Stephens, 867 N.E.2d 148 (Ind. 2007).
In Re Stephens, 867 N.E.2d 148 (Ind. 2007).
· cites it 12× “See Ind.Code § 34-18-14-3(a)(3). A Qualified Provider's liability for an occurrence of malpractice is now limited to $250,000.”
Med. Assurance of Indiana v. McCarty, 808 N.E.2d 737 (Ind. Ct. App. 2004).
· cites it 16× “Specifically, Indiana Code Section 34-18-14-3 as now written provides: (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.”
Indiana Patient's Comp. Fund v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007).
· cites it 12× “Ind. Code § 34-18-14-3 (a)(2). 7 . The Indiana State Medical Association has filed an amicus brief aligned with the Fund and the Indiana Trial Lawyers Association has filed an amicus brief aligned with the Winkles.”
Cavens v. Zaberdac, 849 N.E.2d 526 (Ind. 2006).
· cites it 4× “NOTES [1] See Ind.Code § 34-18-14-3. The Act limits the total amount recoverable for an injury or death of a patient to $500,000 for malpractice occurring prior to January 1, 1990; $750,000 for malpractice injuries between December 31, 1989, and July 1, 1999; and $1,250,000 for…”
Spangler v. Bechtel, 958 N.E.2d 458 (Ind. 2011).
· cites it 4× “The court interpreted the damage cap language of the MMA, Ind.Code § 34-18-14-3(a), to *471 require the emotional damages sought in all three actions be recovered under a single statutory cap.”
Indiana Dep't of Ins. v. Everhart, 960 N.E.2d 129 (Ind. 2012).
· cites it 6× “Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
· cites it 6× “Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Beason v. I. E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019).
· cites it 4× “Ind. Code § 34-18-14-3 . The Indiana Patient's Compensation Fund provides compensation for damages in excess of the required malpractice policy limits.”
Indiana Patient's Comp. Fund v. Butcher, 863 N.E.2d 11 (Ind. Ct. App. 2007).
· cites it 12× “However, the court used broader language, the application of which we do not believe is limited to derivative plaintiffs, in construing Indiana Code Section 34-18-14-3, the recovery caps statute.”
McCarty v. Sanders, 805 N.E.2d 894 (Ind. Ct. App. 2004).
· cites it 8× “The Commissioner contends that the trial court erred in interpreting Ind.Code § 34-18-14-3 to allow each injured person to recover under separate statutory caps from the Fund.”
— Ind. Code § 34-18-14-3(a) — 9 cases
Indiana Patient's Comp. Fund v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007).
“Ind. Code § 34-18-14-3 (a)(2). 7 . The Indiana State Medical Association has filed an amicus brief aligned with the Fund and the Indiana Trial Lawyers Association has filed an amicus brief aligned with the Winkles.”
Spangler v. Bechtel, 958 N.E.2d 458 (Ind. 2011).
“The court interpreted the damage cap language of the MMA, Ind.Code § 34-18-14-3(a), to *471 require the emotional damages sought in all three actions be recovered under a single statutory cap.”
Med. Assurance of Indiana v. McCarty, 808 N.E.2d 737 (Ind. Ct. App. 2004).
“Specifically, Indiana Code Section 34-18-14-3 as now written provides: (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.”
Indiana Patient's Comp. Fund v. Butcher, 863 N.E.2d 11 (Ind. Ct. App. 2007).
“However, the court used broader language, the application of which we do not believe is limited to derivative plaintiffs, in construing Indiana Code Section 34-18-14-3, the recovery caps statute.”
— Ind. Code § 34-18-14-3(a)(1) — 1 case
— Ind. Code § 34-18-14-3(a)(2) — 1 case
— Ind. Code § 34-18-14-3(a)(3) — 13 cases
In Re Stephens, 867 N.E.2d 148 (Ind. 2007).
“See Ind.Code § 34-18-14-3(a)(3). A Qualified Provider's liability for an occurrence of malpractice is now limited to $250,000.”
Indiana Dep't of Ins. v. Everhart, 960 N.E.2d 129 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
— Ind. Code § 34-18-14-3(a)(4) — 1 case
— Ind. Code § 34-18-14-3(a2)(8) — 1 case
— Ind. Code § 34-18-14-3(b) — 12 cases
In Re Stephens, 867 N.E.2d 148 (Ind. 2007).
“See Ind.Code § 34-18-14-3(a)(3). A Qualified Provider's liability for an occurrence of malpractice is now limited to $250,000.”
Indiana Dep't of Ins. v. Everhart, 960 N.E.2d 129 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Med. Assurance of Indiana v. McCarty, 808 N.E.2d 737 (Ind. Ct. App. 2004).
“Specifically, Indiana Code Section 34-18-14-3 as now written provides: (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.”
— Ind. Code § 34-18-14-3(b)(1) — 2 cases
— Ind. Code § 34-18-14-3(c) — 9 cases
In Re Stephens, 867 N.E.2d 148 (Ind. 2007).
“See Ind.Code § 34-18-14-3(a)(3). A Qualified Provider's liability for an occurrence of malpractice is now limited to $250,000.”
Indiana Dep't of Ins. v. Everhart, 960 N.E.2d 129 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
“Ind.Code § 34-18-14-3(a)(3) (2008). The Act limits the liability of a qualified health care provider whose medical negligence proximately caused the injury or death to the first $250,000 of damages.”
— Ind. Code § 34-18-14-3(d) — 4 cases
— Ind. Code § 34-18-14-3(d)(1) — 1 case
— Ind. Code § 34-18-14-3(e) — 1 case
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