Indiana Code
Ind. Code § 34-18-2-22 (2026)
"Patient"
✓ current as of May 2026
Sec. 22. "Patient" means an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged malpractice on the part of a health care provider. Derivative claims include the claim of a parent or parents, guardian, trustee, child, relative, attorney, or any other representative of the patient including claims for loss of services, loss of consortium, expenses, and other similar claims.
[Pre-1998 Recodification Citation: 27-12-2-22.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in 45
cases (7 in the last 5 years), 1999–2026 · leading case: Preferred Prof'l Ins. Co., & Hills Ins. Co. Inc. v. Crystal West, William West, & Ind. Dept. of Ins., Patient's Comp. Fund, 23 N.E.3d 716 (Ind. Ct. App. 2014).
Preferred Prof'l Ins. Co., & Hills Ins. Co. Inc. v. Crystal West, William West, & Ind. Dept. of Ins., Patient's Comp. Fund, 23 N.E.3d 716 (Ind. Ct. App. 2014). “Ind. Code § 34-18-2-22 (emphasis added). Focusing on the “having a claim of any kind” and “or otherwise” language, the Insurance Defendants argue that the definition is intentionally broad and encompasses the claims of the Wests, such that the MMA applies to their claims.”
Spangler v. Bechtel, 958 N.E.2d 458 (Ind. 2011). “2d at 6 (some emphasis added) (quoting Ind.Code § 34-18-2-22). While opining that the negligent infliction of emotional distress is an “independent tort,” the court believed that the parents’ claims for negligent infliction of emotional distress, “suffered because of their…”
Indiana Patient's Comp. Fund v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007). “Ind.Code § 34-18-2-22 (emphasis added). A cause of action is derivative if it may be brought only where a separate, related claim is actionable.”
Chamberlain v. Walpole, 796 N.E.2d 818 (Ind. Ct. App. 2003). “" Ind.Code § 34-18-2-22. [8] Appellants' argument must fail.”
Indiana Patient's Comp. Fund v. Wolfe, 735 N.E.2d 1187 (Ind. Ct. App. 2000). “Derivative claims include the claim of a parent or parents, guardian, trustee, child, relative, attorney, or any other representative of the patient including claims for loss of services, loss of consortium, expenses, and other similar claims.”
Billie Thompson v. Lance Cope, 900 F.3d 414 (7th Cir. 2018). “" Ind. Code § 34-18-2-22 . The Act defines "health care" as "an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement.”
Goleski v. Fritz, 768 N.E.2d 889 (Ind. 2002). “" I.C. § 34-18-2-22. "Derivative" claims "include the claim of a parent or parents, guardian, trustee, child, relative, attorney, or any other representative of the patient," and include "claims for loss of services, loss of consortium, expenses, and other similar claims.”
Indiana Patient's Comp. Fund v. Butcher, 863 N.E.2d 11 (Ind. Ct. App. 2007). “Derivative claims include the claim of a parent or parents, guardian, trustee, child, relative, attorney, or any other representative of the patient including claims for loss or services, loss of consortium, expenses, and other similar claims.”
Peters v. Cummins Mental Health, Inc., 790 N.E.2d 572 (Ind. Ct. App. 2003). ““Patient” is defined in Indiana Code Section 34-18-2-22 as “an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a…”
McCarty v. Sanders, 805 N.E.2d 894 (Ind. Ct. App. 2004). “Code § 34-18-2-22 as "an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a *899 claim of any kind, whether derivative or otherwise, as a result of alleged malpractice on…”
Baumgart Ex Rel. Baumgart v. DeFries, 888 N.E.2d 199 (Ind. Ct. App. 2008). “Ind.Code § 34-18-2-22 (emphasis added). Although, as we have held, negligent infliction of emotional distress is an independent tort, we are bound by precedent and the rules of statutory construction to conclude that such a claim, when made under the Act, falls under the Act’s…”
Elliott v. Rush Mem'l Hosp., 928 N.E.2d 634 (Ind. Ct. App. 2010). “" IC. § 34-18-2-22. "Health care" is "an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement.”
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