CHAPTER 9. REPORTING AND REVIEW OF CLAIMS
IC 34-18-9
Chapter 9. Reporting and Review of Claims
IC 34-18-9-1
Proposed complaints; notice to named defendants
Sec. 1. Within ten (10) days after receiving a proposed complaint
under IC 34-18-8, the commissioner shall forward a copy of the
complaint by registered or certified mail to each health care provider
named as a defendant, at the defendant's last and usual place of
residence or the defendant's office.
As added by P.L.1-1998, SEC.13.
IC 34-18-9-2
Medical liability insurers; notice of suit to commissioner
Sec. 2. A medical liability insurer of a health care provider against
whom an action has been filed under IC 34-18-8-6(a) shall provide
written notice to the commissioner within thirty (30) days after:
(1) the filing of the action; and
(2) the final disposition of the action.
As added by P.L.1-1998, SEC.13.
IC 34-18-9-3
Notice of reserve by medical liabilty insurer; report of final
adjudications and settlements
Sec. 3. (a) A health care provider's insurer shall notify the
commissioner of any malpractice case upon which the insurer has
placed a reserve of at least one hundred twenty-five thousand dollars
($125,000). The insurer shall give notice to the commissioner under
this subsection immediately after placing the reserve. The notice and
all communications and correspondence relating to the notice are
confidential and may not be made available to any person or any
public or private agency.
(b) All malpractice claims settled or adjudicated to final judgment
against a health care provider shall be reported to the commissioner
by the plaintiff's attorney and by the health care provider or the
health care provider's insurer or risk manager within sixty (60) days
following final disposition of the claim. The report to the
commissioner must state the following:
(1) The nature of the claim.
(2) The damages asserted and the alleged injury.
(3) The attorney's fees and expenses incurred in connection
with the claim or defense.
(4) The amount of the settlement or judgment.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.11.
IC 34-18-9-4
Fitness reviews of health care providers
Sec. 4. (a) The medical review panel (as described in IC 34-18-10)
shall make a separate determination, at the time that it renders its
opinion under IC 34-18-10-22, as to whether the name of the
defendant health care provider should be forwarded to the
appropriate board of professional registration for review of the health
care provider's fitness to practice the health care provider's
profession. The commissioner shall forward the name of the
defendant health care provider if the medical review panel
unanimously determines that it should be forwarded. The medical
review panel determination concerning the forwarding of the name
of the defendant health care provider is not admissible as evidence
in a civil action. In each case involving review of a health care
provider's fitness to practice forwarded under this section, the
appropriate board of professional registration and examination may,
in appropriate cases, take the following disciplinary action:
(1) censure;
(2) imposition of probation for a determinate period;
(3) suspension of the health care provider's license for a
determinate period; or
(4) revocation of the license.
(b) Review of the health care provider's fitness to practice shall be
conducted in accordance with IC 4-21.5.
(c) The appropriate board of professional registration and
examination shall report to the commissioner the board's findings,
the action taken, and the final disposition of each case involving
review of a health care provider's fitness to practice forwarded under
this section.
As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998,
SEC.12.