Indiana Code
Ind. Code § 34-18-3-1 (2026)
Application of article
✓ current as of May 2026
Sec. 1. A health care provider who fails to qualify under this article is not covered by this article and is subject to liability under the law without regard to this article. If a health care provider does not qualify, the patient's remedy is not affected by this article.
[Pre-1998 Recodification Citation: 27-12-3-1.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1999–2026 · leading case: Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001).
Noble Cnty. v. Rogers, 745 N.E.2d 194 (Ind. 2001). “See Ind.Code §§ 34-18-3-1 to § 34-18-8-25 (1998).”
Atterholt v. Herbst, 902 N.E.2d 220 (Ind. 2009). “Ind.Code §§ 34-18-3-1, -14-8(b) (2004). The Fund is financed by the surcharges collected from providers throughout the state and pays "excess damages.”
Beck v. City of Evansville, 842 N.E.2d 856 (Ind. Ct. App. 2006). “Indiana Code section 34-18-3-1 ef seq. (the Tort Claims Act) provides for immunity from liability for State governmental entities in certain instances.”
Wisniewski v. Bennett, 716 N.E.2d 892 (Ind. 1999). “” Ind.Code § 34-18-3-1 (1998). 1 In addition, “[o]nly while malpractice liability insurance remains in force are the health care provider and the health care provider’s insurer liable to a patient or the patient’s representative for malpractice to the extent and in the manner…”
Blocher v. DeBartolo Props. Mgmt., Inc., 760 N.E.2d 229 (Ind. Ct. App. 2001). “We do not find Sauders to be sufficiently analogous, however, for the reason that it proceeded under the Indiana Tort Claims Act, Ind.Code § 34-18-3-1 et seq., and Ind. Code § 34-51-2-2 specifically precludes a comparative fault analysis in such cases.”
Lusk v. Swanson, 753 N.E.2d 748 (Ind. Ct. App. 2001). “The Act also provides that no action may be commenced in any court of this state before the claimant's proposed complaint has been presented to a medical review panel and the panel renders an opinion. I.C. § 34-18-8-4.”
Carey v. Indiana Physical Therapy, Inc., 926 N.E.2d 1126 (Ind. Ct. App. 2010). “Ind.Code § 34-18-3-1. 5 . This appears to be a reference to the injuries sustained in the automobile accident.”
McCabe v. Comm'r, Indiana Dep't of Ins. as Adm'r of the Indiana Patients Comp. Fund, 930 N.E.2d 1202 (Ind. Ct. App. 2010). “The Act caps a health care provider's malpractice liability at $250,000.”
Cutter v. Herbst, 945 N.E.2d 240 (Ind. Ct. App. 2011). “NOTES [1] Under the Indiana Medical Malpractice Act, the total recovery in a medical malpractice action is limited to $1,250,000 per injury or death. The Act caps a health care provider's malpractice liability at $250,000 per occurrence if the provider maintains sufficient…”
Holmes v. ACandS, Inc., 709 N.E.2d 36 (Ind. Ct. App. 1999). “may only be filed by a patient or representative against a qualified health care provider, Ind.Code § 34-18-3-1, must be submitted to a medical review panel, Ind.”
Est. of O'Neal Ex Rel. Pers. Rep. Newkirk v. Bethlehem Wood Nursing & Rehabilation Ctr., LLC, 878 N.E.2d 303 (Ind. Ct. App. 2007). “Regarding the Estate’s first reason supporting its argument that the MMA’s statute of limitation does not apply to Bethlehem, Indiana Code section 34-18-3-1 states: A health care provider who fails to qualify under this article is not covered by this article and is subject to…”
Burns v. Hatchett, 786 N.E.2d 1178 (Ind. Ct. App. 2003). “Ind.Code § 34-18-3-1. The Act also provides in relevant part that a physician is not a qualified health care provider for purposes of the act unless he files with the IDOI proof of financial responsibility and pays a surcharge.”
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