Introduced Version
SENATE BILL No. 394
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 34-18.
Synopsis: Medical malpractice. Provides that medical bills and
medical expenses incurred in connection with the alleged injury or
death of a patient are excluded from the maximum amount of damages
that may be recovered in a medical malpractice action. Increases the
amount that a health care provider is liable for in a medical malpractice
action from $500,000 to $600,000 after June 30, 2022. Provides that
recoverable medical expenses incurred in connection with the injury or
death of a patient due from a judgment or settlement in a medical
malpractice action shall be paid by the health care provider. Reduces
the amount that a plaintiff's attorney may receive in a medical
malpractice action from 32% to 25% of any recovery after June 30,
2022.
Effective: July 1, 2022.
Niemeyer
January 11, 2022, read first time and referred to Committee on Judiciary.
2022 IN 394—LS 7050/DI 149 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 394
A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 34-18-14-3, AS AMENDED BY P.L.182-2016,
2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3. (a) The total amount recoverable for an injury
4 or death of a patient, not including recovery for medical bills and
5 medical expenses incurred in connection with the injury or death
6 of a patient, may not exceed the following:
7 (1) Five hundred thousand dollars ($500,000) for an act of
8 malpractice that occurs before January 1, 1990.
9 (2) Seven hundred fifty thousand dollars ($750,000) for an act of
10 malpractice that occurs:
11 (A) after December 31, 1989; and
12 (B) before July 1, 1999.
13 (3) One million two hundred fifty thousand dollars ($1,250,000)
14 for an act of malpractice that occurs:
15 (A) after June 30, 1999; and
16 (B) before July 1, 2017.
17 (4) One million six hundred fifty thousand dollars ($1,650,000)
2022 IN 394—LS 7050/DI 149 2
1 for an act of malpractice that occurs:
2 (A) after June 30, 2017; and
3 (B) before July 1, 2019.
4 (5) One million eight hundred thousand dollars ($1,800,000) for
5 an act of malpractice that occurs after June 30, 2019.
6 (b) Except as provided in subsection (e), a health care provider
7 qualified under this article (or IC 27-12 before its repeal) is not liable
8 for an amount in excess of the following:
9 (1) Two hundred fifty thousand dollars ($250,000) for an act of
10 malpractice that occurs:
11 (A) after June 30, 1999; and
12 (B) before July 1, 2017.
13 (2) Four hundred thousand dollars ($400,000) for an act of
14 malpractice that occurs:
15 (A) after June 30, 2017; and
16 (B) before July 1, 2019.
17 (3) Five hundred thousand dollars ($500,000) for an act of
18 malpractice that occurs after June 30, 2019, and before July 1,
19 2022.
20 (4) Six hundred thousand dollars ($600,000) for an act of
21 malpractice that occurs after June 30, 2022.
22 (c) Any amount due from a judgment or settlement that is in excess
23 of the total liability of all liable health care providers, subject to
24 subsections (a), (b), and (d), and (e), shall be paid from the patient's
25 compensation fund under IC 34-18-15.
26 (d) If a health care provider qualified under this article (or IC 27-12
27 before its repeal) admits liability or is adjudicated liable solely by
28 reason of the conduct of another health care provider who is an officer,
29 agent, or employee of the health care provider acting in the course and
30 scope of employment and qualified under this article (or IC 27-12
31 before its repeal), the total amount that shall be paid to the claimant on
32 behalf of the officer, agent, or employee and the health care provider
33 by the health care provider or its insurer is the following:
34 (1) Two hundred fifty thousand dollars ($250,000) for an act of
35 malpractice that occurs:
36 (A) after June 30, 1999; and
37 (B) before July 1, 2017.
38 (2) Four hundred thousand dollars ($400,000) for an act of
39 malpractice that occurs:
40 (A) after June 30, 2017; and
41 (B) before July 1, 2019.
42 (3) Five hundred thousand dollars ($500,000) for an act of
2022 IN 394—LS 7050/DI 149 3
1 malpractice that occurs after June 30, 2019, and before July 1,
2 2022.
3 (4) Six hundred thousand dollars ($600,000) for an act of
4 malpractice that occurs after June 30, 2022.
5 The balance of an adjudicated amount to which the claimant is entitled
6 shall be paid by other liable health care providers or the patient's
7 compensation fund, or both.
8 (e) All recoverable medical expenses incurred in connection with
9 the injury or death of a patient due from a judgment or settlement
10 shall be paid by the health care provider.
11 SECTION 2. IC 34-18-18-1, AS AMENDED BY P.L.182-2016,
12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 1. When a plaintiff is represented by an attorney
14 in the prosecution of the plaintiff's claim subject to IC 34-18-8-4, the
15 plaintiff's attorney's fees may not exceed, for an act of malpractice
16 committed:
17 (1) before July 1, 2017, fifteen percent (15%) of any recovery
18 from the fund; and
19 (2) after June 30, 2017, and before July 1, 2022, thirty-two
20 percent (32%) of any recovery under IC 34-18-14-3; and
21 (3) after June 30, 2022, twenty-five percent (25%) of any
22 recovery under IC 34-18-14-3.
2022 IN 394—LS 7050/DI 149