Indiana 2022 Regular Session

Indiana Senate Bill SB0394 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 394
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 34-18.
7	7	Synopsis: Medical malpractice. Provides that medical bills and
8	8	medical expenses incurred in connection with the alleged injury or
9	9	death of a patient are excluded from the maximum amount of damages
10	10	that may be recovered in a medical malpractice action. Increases the
11	11	amount that a health care provider is liable for in a medical malpractice
12	12	action from $500,000 to $600,000 after June 30, 2022. Provides that
13	13	recoverable medical expenses incurred in connection with the injury or
14	14	death of a patient due from a judgment or settlement in a medical
15	15	malpractice action shall be paid by the health care provider. Reduces
16	16	the amount that a plaintiff's attorney may receive in a medical
17	17	malpractice action from 32% to 25% of any recovery after June 30,
18	18	2022.
19	19	Effective: July 1, 2022.
20	20	Niemeyer
21	21	January 11, 2022, read first time and referred to Committee on Judiciary.
22	22	2022 IN 394—LS 7050/DI 149 Introduced
23	23	Second Regular Session of the 122nd General Assembly (2022)
24	24	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
25	25	Constitution) is being amended, the text of the existing provision will appear in this style type,
26	26	additions will appear in this style type, and deletions will appear in this style type.
27	27	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
28	28	provision adopted), the text of the new provision will appear in this style type. Also, the
29	29	word NEW will appear in that style type in the introductory clause of each SECTION that adds
30	30	a new provision to the Indiana Code or the Indiana Constitution.
31	31	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
32	32	between statutes enacted by the 2021 Regular Session of the General Assembly.
33	33	SENATE BILL No. 394
34	34	A BILL FOR AN ACT to amend the Indiana Code concerning civil
35	35	procedure.
36	36	Be it enacted by the General Assembly of the State of Indiana:
37	37	1 SECTION 1. IC 34-18-14-3, AS AMENDED BY P.L.182-2016,
38	38	2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39	39	3 JULY 1, 2022]: Sec. 3. (a) The total amount recoverable for an injury
40	40	4 or death of a patient, not including recovery for medical bills and
41	41	5 medical expenses incurred in connection with the injury or death
42	42	6 of a patient, may not exceed the following:
43	43	7 (1) Five hundred thousand dollars ($500,000) for an act of
44	44	8 malpractice that occurs before January 1, 1990.
45	45	9 (2) Seven hundred fifty thousand dollars ($750,000) for an act of
46	46	10 malpractice that occurs:
47	47	11 (A) after December 31, 1989; and
48	48	12 (B) before July 1, 1999.
49	49	13 (3) One million two hundred fifty thousand dollars ($1,250,000)
50	50	14 for an act of malpractice that occurs:
51	51	15 (A) after June 30, 1999; and
52	52	16 (B) before July 1, 2017.
53	53	17 (4) One million six hundred fifty thousand dollars ($1,650,000)
54	54	2022 IN 394—LS 7050/DI 149 2
55	55	1 for an act of malpractice that occurs:
56	56	2 (A) after June 30, 2017; and
57	57	3 (B) before July 1, 2019.
58	58	4 (5) One million eight hundred thousand dollars ($1,800,000) for
59	59	5 an act of malpractice that occurs after June 30, 2019.
60	60	6 (b) Except as provided in subsection (e), a health care provider
61	61	7 qualified under this article (or IC 27-12 before its repeal) is not liable
62	62	8 for an amount in excess of the following:
63	63	9 (1) Two hundred fifty thousand dollars ($250,000) for an act of
64	64	10 malpractice that occurs:
65	65	11 (A) after June 30, 1999; and
66	66	12 (B) before July 1, 2017.
67	67	13 (2) Four hundred thousand dollars ($400,000) for an act of
68	68	14 malpractice that occurs:
69	69	15 (A) after June 30, 2017; and
70	70	16 (B) before July 1, 2019.
71	71	17 (3) Five hundred thousand dollars ($500,000) for an act of
72	72	18 malpractice that occurs after June 30, 2019, and before July 1,
73	73	19 2022.
74	74	20 (4) Six hundred thousand dollars ($600,000) for an act of
75	75	21 malpractice that occurs after June 30, 2022.
76	76	22 (c) Any amount due from a judgment or settlement that is in excess
77	77	23 of the total liability of all liable health care providers, subject to
78	78	24 subsections (a), (b), and (d), and (e), shall be paid from the patient's
79	79	25 compensation fund under IC 34-18-15.
80	80	26 (d) If a health care provider qualified under this article (or IC 27-12
81	81	27 before its repeal) admits liability or is adjudicated liable solely by
82	82	28 reason of the conduct of another health care provider who is an officer,
83	83	29 agent, or employee of the health care provider acting in the course and
84	84	30 scope of employment and qualified under this article (or IC 27-12
85	85	31 before its repeal), the total amount that shall be paid to the claimant on
86	86	32 behalf of the officer, agent, or employee and the health care provider
87	87	33 by the health care provider or its insurer is the following:
88	88	34 (1) Two hundred fifty thousand dollars ($250,000) for an act of
89	89	35 malpractice that occurs:
90	90	36 (A) after June 30, 1999; and
91	91	37 (B) before July 1, 2017.
92	92	38 (2) Four hundred thousand dollars ($400,000) for an act of
93	93	39 malpractice that occurs:
94	94	40 (A) after June 30, 2017; and
95	95	41 (B) before July 1, 2019.
96	96	42 (3) Five hundred thousand dollars ($500,000) for an act of
97	97	2022 IN 394—LS 7050/DI 149 3
98	98	1 malpractice that occurs after June 30, 2019, and before July 1,
99	99	2 2022.
100	100	3 (4) Six hundred thousand dollars ($600,000) for an act of
101	101	4 malpractice that occurs after June 30, 2022.
102	102	5 The balance of an adjudicated amount to which the claimant is entitled
103	103	6 shall be paid by other liable health care providers or the patient's
104	104	7 compensation fund, or both.
105	105	8 (e) All recoverable medical expenses incurred in connection with
106	106	9 the injury or death of a patient due from a judgment or settlement
107	107	10 shall be paid by the health care provider.
108	108	11 SECTION 2. IC 34-18-18-1, AS AMENDED BY P.L.182-2016,
109	109	12 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
110	110	13 JULY 1, 2022]: Sec. 1. When a plaintiff is represented by an attorney
111	111	14 in the prosecution of the plaintiff's claim subject to IC 34-18-8-4, the
112	112	15 plaintiff's attorney's fees may not exceed, for an act of malpractice
113	113	16 committed:
114	114	17 (1) before July 1, 2017, fifteen percent (15%) of any recovery
115	115	18 from the fund; and
116	116	19 (2) after June 30, 2017, and before July 1, 2022, thirty-two
117	117	20 percent (32%) of any recovery under IC 34-18-14-3; and
118	118	21 (3) after June 30, 2022, twenty-five percent (25%) of any
119	119	22 recovery under IC 34-18-14-3.
120	120	2022 IN 394—LS 7050/DI 149