Sec. 4. (a) If the possible liability of the health care
provider to the patient is discharged solely through an immediate
payment, the limitations on recovery from a health care provider stated
in section 3(b) and 3(d) of this chapter apply.
(b) If the health care provider agrees to discharge its possible
liability to the patient through a periodic payments agreement, the
amount of the patient's recovery from a health care provider in a case
under this subsection is the amount of any immediate payment made by
the health care provider or the health care provider's insurer to the
patient, plus the cost of the periodic payments agreement to the health
care provider or the health care provider's insurer. For the purpose of
determining the limitations on recovery stated in section 3(b) and 3(d)
of this chapter and for the purpose of determining the question under
IC 34-18-15-3 of whether the health care provider or the health care
provider's insurer has agreed to settle its liability by payment of its
policy limits, the sum of the present payment of money to the patient
(or the patient's estate) by the health care provider (or the health care
provider's insurer) plus the cost of the periodic payments agreement
expended by the health care provider (or the health care provider's
insurer) must exceed:
(1) one hundred eighty-seven thousand dollars ($187,000) for an
act of malpractice that occurs:
(A) after June 30, 1999; and
(B) before July 1, 2017; and
(2) seventy-five percent (75%) of the maximum amount a health
care provider is responsible for under section 3(b) and 3(d) of this
chapter for an act of malpractice that occurs after June 30, 2017.
(c) More than one (1) health care provider may contribute to the cost
of a periodic payments agreement, and in such an instance the sum of
the amounts expended by each health care provider for immediate
payments and for the cost of the periodic payments agreement shall be
used to determine whether the requirement in subsection (b) has been
satisfied. However, one (1) health care provider or its insurer must be
liable for at least fifty thousand dollars ($50,000).
[Pre-1998 Recodification Citation: 27-12-14-4.]
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.15; P.L.182-2016, SEC.10.
Notes of Decisions
Cited in
14
cases, 1999–2019 · leading case:
McCarty v. Walsko, 857 N.E.2d 439 (Ind. Ct. App. 2006).
McCarty v. Walsko, 857 N.E.2d 439 (Ind. Ct. App. 2006).
· cites it 15× “The Fund in that case argued that there was no periodic payments agreement, and because the hospital neither made a lump sum payment of $100,000 under Indiana Code section 34-18-14-4(@a) nor purchased a periodic payments agreement at a total cost of $75,000 under Indiana Code…”
Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000).
· cites it 2× “See Ind.Code § 34-18-14-4 (1998) (version effective until July 1, 1999).”
Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009).
· cites it 2× “§ 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000 requirement.”
Cutter v. Herbst, 945 N.E.2d 240 (Ind. Ct. App. 2011).
· cites it 6× “; see also I.C. § 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000 requirement.”
John Green v. Stephen Robertson, Comm'r, Indiana Dep't of Ins., 56 N.E.3d 682 (Ind. Ct. App. 2016).
· cites it 2× “00, Ind.Code § 34-18-14-4(b). [12] In a suit to recover' excess damages from' the PCF following- a settlement, “the court shall consider the liability *692 of- the health care provider as admitted and established.”
McCarty v. Sanders, 805 N.E.2d 894 (Ind. Ct. App. 2004).
· cites it 2× “00 under Ind.Code § 34-18-14-4(b) entitles each of them to recover from the Fund.”
Wisniewski v. Bennett, 716 N.E.2d 892 (Ind. 1999).
· cites it 2× “See Ind.Code § 34-18-14-4 (1998). Another provision permits payment from the Fund of the first $100,000 if the provider does not pay the amount within ninety days.”
Indiana Patient's Comp. Fund v. Wolfe, 735 N.E.2d 1187 (Ind. Ct. App. 2000).
· cites it 2× “00 pursuant to Indiana Code section 34-18-14-4. The' Wolfes subsequently filed a claim to recover excess damages from the Fund, pursuant to Indiana Code section 34-18-15-3.”
Patient's Comp. Fund v. Hicklin, 823 N.E.2d 705 (Ind. Ct. App. 2005).
· cites it 4× “Indiana Code Section 34-18-14-4 was amended in 1998 and now requires that the sum of (1) and (2) must exceed $187,000, because the cap on a health care provider's liability has been increased from $100,000 to $250,000.”
Indiana Patient's Comp. Fund v. Patrick, 906 N.E.2d 194 (Ind. Ct. App. 2009).
· cites it 3× “§ 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000.”
Garau Germano, P.C., & Faith Fenner v. Stephen W. Robertson (Ind. Ct. App. 2019).
· cites it 6× “” Ind. Code § 34-18-14-4 (b). [7] In cases, such as this one, where the act of malpractice occurred after June 30, 1999 but before July 1, 2017, to determine the limitations on recovery stated in Indiana Code subsections 34-18-14-3(b) and -(3)(d): the sum of the present payment…”
Ind. Code § 34-18-14-4(b): 9 cases
McCarty v. Walsko, 857 N.E.2d 439 (Ind. Ct. App. 2006).
“The Fund in that case argued that there was no periodic payments agreement, and because the hospital neither made a lump sum payment of $100,000 under Indiana Code section 34-18-14-4(@a) nor purchased a periodic payments agreement at a total cost of $75,000 under Indiana Code…”
John Green v. Stephen Robertson, Comm'r, Indiana Dep't of Ins., 56 N.E.3d 682 (Ind. Ct. App. 2016).
“00, Ind.Code § 34-18-14-4(b). [12] In a suit to recover' excess damages from' the PCF following- a settlement, “the court shall consider the liability *692 of- the health care provider as admitted and established.”
McCarty v. Sanders, 805 N.E.2d 894 (Ind. Ct. App. 2004).
“00 under Ind.Code § 34-18-14-4(b) entitles each of them to recover from the Fund.”
Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009).
“§ 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000 requirement.”
Ind. Code § 34-18-14-4(c): 4 cases
Cutter v. Herbst, 945 N.E.2d 240 (Ind. Ct. App. 2011).
“; see also I.C. § 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000 requirement.”
Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009).
“§ 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000 requirement.”
Indiana Patient's Comp. Fund v. Patrick, 906 N.E.2d 194 (Ind. Ct. App. 2009).
“§ 34-18-14-4(b). Multiple providers' cash payments and contributions to a periodic payments agreement are aggregated for purposes of the $187,000.”
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