Sec. 1. Subject to IC 34-18-10 and sections 4 through
6 of this chapter, a patient or the representative of a patient who has a
claim under this article for bodily injury or death on account of
malpractice may do the following:
(1) File a complaint in any court of law having requisite
jurisdiction.
(2) By demand, exercise the right to a trial by jury.
[Pre-1998 Recodification Citation: 27-12-8-1.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in
29
cases (
4 in the last 5 years), 2001–2026 · leading case:
Goleski v. Fritz, 768 N.E.2d 889 (Ind. 2002).
Goleski v. Fritz, 768 N.E.2d 889 (Ind. 2002).
· cites it 6× “" Ind.Code § 34-18-8-1 (1998). A "patient" is "an individual who receives or should have received health care .”
Shacare Terry v. Cmty. Health Network, Inc., 17 N.E.3d 389 (Ind. Ct. App. 2014).
· cites it 2× “Ind.Code § 34-18-8-1. Indiana Code section 34-18-8-4 states, however, that “an action against a health care provider may not be commenced in a court in Indiana before: (1) the claimant’s proposed complaint has been presented to a medical review panel .”
Atterholt v. Robinson, 872 N.E.2d 633 (Ind. Ct. App. 2007).
· cites it 2× “2002) (citing Ind.Code § 34-18-8-1). The MMA was designed to curtail liability for medical malpractice.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
· cites it 2× “An injured plaintiff thus proceeds first against the healthcare provider, Ind.Code §§ 34-18-8-1 to -8 (2008), and then against the PCF, Ind.”
Lusk v. Swanson, 753 N.E.2d 748 (Ind. Ct. App. 2001).
· cites it 2× “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.”
Indiana Patient's Comp. Fund v. Butcher, 863 N.E.2d 11 (Ind. Ct. App. 2007).
· cites it 4× “Fritz">Goleski court sanctioned the outcome in Wolfe , but it disapproved of the Wolfe court’s rationale to the extent Wolfe suggested “that a derivative claimant is not a ‘patient’ for purposes of ability to assert a claim under [Indiana Code Section 34-18-8-1].” Id. The…”
Indiana Patient's Comp. Fund v. Winkle, 863 N.E.2d 1 (Ind. Ct. App. 2007).
· cites it 2× “” Although we believe the Court of Appeals reached the correct result in Wolfe , we think that derivative claimants are “patients” within the meaning of section 34-18-8-1 but are not the patients upon whom “injury or death” is inflicted.”
Peters v. Cummins Mental Health, Inc., 790 N.E.2d 572 (Ind. Ct. App. 2003).
· cites it 2× “2001) (quoting Indiana Code Section 34-18-8-1). Pursuant to Indiana Code Section 34-18-2-18, “malpractice” is a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.”
Thomas v. Deitsch, 743 N.E.2d 1218 (Ind. Ct. App. 2001).
· cites it 4× “" Ind.Code § 34-18-8-1 (1998). "Malpractice" is defined as ".”
B.R. ex rel. Todd v. State, 1 N.E.3d 708 (Ind. Ct. App. 2013).
· cites it 2× “"Malpractice" is defined as "a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient." I.C. § 34-18-2-18.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.