Title 34, CIVIL LAW AND PROCEDURE

Sec. 16. "Hospital" means a public or private institution licensed under IC 16-21-2. [Pre-1998 Recodification Citation: 27-12-2-16.] As added by P.L.1-1998, SEC.13.

Sec. 17. "Insurer" means the authority or an insurance company engaged on an admitted or nonadmitted basis in making in this state Class 2(h) malpractice liability insurance under IC 27-1-5-1. [Pre-1998 Recodification Citation: 27-12-2-17.] As added by P.L.1-1998, SEC.13.

Sec. 18. "Malpractice" means 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. [Pre-1998 Recodification Citation: 27-12-2-18.] As added by P.L.1-1998, SEC.13.…

Sec. 2. A legal term or word of art that is used in this article, if not otherwise defined, has the meaning that is consistent with the common law. [Pre-1998 Recodification Citation: 27-12-2-2.] As added by P.L.1-1998, SEC.13.

Sec. 20. "Migrant health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 governed by a board of directors, at least fifty-one percent (51%) of whom are representatives of cons…

Sec. 21. (a) "Paramedic", except as provided in subsection (b), has the meaning set forth in IC 16-18-2-266. (b) The term does not include such a person while operating an emergency vehicle. [Pre-1998 Recodification Citation: 27-12-2-21.] As added by P.L.1-1998, SEC.13.

Sec. 22. "Patient" means an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged malpractice on the …

Sec. 23. "Physician" means an individual with an unlimited license to practice medicine under IC 25-22.5. [Pre-1998 Recodification Citation: 27-12-2-23.] As added by P.L.1-1998, SEC.13.

Sec. 24. "Psychiatric hospital" means a private institution licensed under IC 12-25 and public institutions under the administrative control of the director of a division as designated by IC 12-24-1-3. [Pre-1998 Recodification Citation: 27-12-2-24.] As added by P.L.1-1998, SEC.13…

Sec. 24.5. "Qualified provider" means a health care provider that is qualified under this article (or by IC 27-12 before its repeal) by complying with the procedures set forth in IC 34-18-3 (or IC 27-12-3 before its repeal). As added by P.L.111-1998, SEC.4.

Sec. 25. "Representative" means the spouse, parent, guardian, trustee, attorney, or other legal agent of the patient. [Pre-1998 Recodification Citation: 27-12-2-25.] As added by P.L.1-1998, SEC.13.

Sec. 26. "Risk" means a health care provider that must apply for malpractice liability insurance coverage under IC 34-18-17. [Pre-1998 Recodification Citation: 27-12-2-26.] As added by P.L.1-1998, SEC.13.

Sec. 27. "Risk manager" means an insurance company that is: (1) admitted to make insurance and actively engaged in making in this state Class 2 insurance under IC 27-1-5-1; and (2) appointed by the commissioner to manage the authority. [Pre-1998 Recodification Citation: 27-12-2-2…

Sec. 28. "Tort" means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another. [Pre-1998 Recodification Citation: 27-12-2-28.] As added by P.L.1-1998, SEC.13.

Sec. 3.5. "Advanced emergency medical technician" means an individual who can perform at least one (1) procedure but not all the procedures of a paramedic and who: (1) has completed a prescribed course in advanced life support; (2) has been certified by the Indiana emergency medi…

Sec. 4. "Ambulance service" means a person who employs: (1) emergency medical technicians; (2) advanced emergency medical technicians; or (3) paramedics. [Pre-1998 Recodification Citation: 27-12-2-4.] As added by P.L.1-1998, SEC.13. Amended by P.L.205-2003, SEC.40; P.L.77-2012, S…

Sec. 4.5. "Anesthesiologist assistant" has the meaning set forth in IC 25-3.7-1-1. As added by P.L.182-2016, SEC.2.

Sec. 5. "Annual aggregate" means the limitation on a health care provider's liability as provided in IC 34-18-4. [Pre-1998 Recodification Citation: 27-12-2-5.] As added by P.L.1-1998, SEC.13.

Sec. 6. "Authority" refers to the residual malpractice insurance authority established under IC 34-18-17 (or IC 27-12-17 before its repeal). [Pre-1998 Recodification Citation: 27-12-2-6.] As added by P.L.1-1998, SEC.13.

Sec. 6.5. "Certified nurse midwife" means a registered nurse who holds a license to practice midwifery under IC 25-23-1-13.1. As added by P.L.232-2013, SEC.22.

Sec. 7. "College, university, or junior college" means an institution for postsecondary school education accredited by the North Central Association. [Pre-1998 Recodification Citation: 27-12-2-7.] As added by P.L.1-1998, SEC.13.

Sec. 8. "Commissioner" refers to the insurance commissioner. [Pre-1998 Recodification Citation: 27-12-2-8.] As added by P.L.1-1998, SEC.13.

Sec. 9. "Community health center" means a provider of primary health care organized as a nonprofit corporation under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 and governed by a board of directors, at least fifty-one percent (51%) of whom are representatives of…

Sec. 1. Except as provided in section 3 of this chapter, a person who sells, leases, or otherwise puts into the stream of commerce any product in a defective condition unreasonably dangerous to any user or consumer or to the user's or consumer's property is subject to liability f…

Sec. 2. The rule stated in section 1 of this chapter applies although: (1) the seller has exercised all reasonable care in the manufacture and preparation of the product; and (2) the user or consumer has not bought the product from or entered into any contractual relation with th…

Sec. 3. A product liability action based on the doctrine of strict liability in tort may not be commenced or maintained against a seller of a product that is alleged to contain or possess a defective condition unreasonably dangerous to the user or consumer unless the seller is a …

Sec. 4. If a court is unable to hold jurisdiction over a particular manufacturer of a product or part of a product alleged to be defective, then that manufacturer's principal distributor or seller over whom a court may hold jurisdiction shall be considered, for the purposes of th…

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.129-2009 apply only to a cause of action that accrues after June 30, 2009. As added by P.L.220-2011, SEC.557.

Sec. 0.2. The amendments made to IC 34-1-1-8 (before its repeal, now codified at section 1 of this chapter) by P.L.306-1987 do not apply to causes of action that accrue before May 8, 1987. As added by P.L.220-2011, SEC.558.

Sec. 1. (a) This section does not apply to an abortion performed in compliance with: (1) IC 16-34; or (2) IC 35-1-58.5 (before its repeal). (b) As used in this section, "child" means an unmarried individual without dependents who is: (1) less than twenty (20) years of age; or (2)…

Sec. 1. The prosecuting attorney in a county in which the violation occurs may bring an action under this section to enjoin a violation of IC 35-45-6-2 (corrupt business influence). An action under this section may be brought in any circuit or superior court in a county in which …

Sec. 2. (a) The prosecuting attorney in a county in which any of the property is located may bring an action for the forfeiture of any property: (1) used in the course of; (2) intended for use in the course of; (3) derived from; or (4) realized through; conduct in violation of IC…

Sec. 3. When an action is filed under section 2 of this chapter, the prosecuting attorney or the inspector general may move for an order to have property subject to forfeiture seized by a law enforcement agency. The judge shall issue such an order upon a showing of probable cause…

Sec. 4. (a) Property subject to forfeiture under this chapter shall be seized by a law enforcement officer upon court order. Seizure may be made without a court order only if: (1) the seizure is incident to a lawful arrest or search, or to an inspection under an administrative in…

Sec. 5. (a) If a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract did not know the property was the object of corrupt business influence or conduct described in section 2(b) of this chapter, the court shall determine whether…

Sec. 6. (a) An aggrieved person may, in addition to proceeding under section 4 of this chapter, bring an action for injunctive relief from corrupt business influence in a circuit or superior court in the county of the aggrieved person's residence, or in a county where any of the …

Sec. 7. In any action brought under this chapter (or IC 34-4-30 before its repeal), the principle of collateral estoppel operates to bar relitigation of the issues previously determined in a criminal proceeding under IC 35-45-6-2. [Pre-1998 Recodification Citation: 34-4-30.5-6.] …

Sec. 8. (a) A prosecuting attorney or the inspector general may retain an attorney to bring an action under this chapter. (b) An attorney retained under this section is not required to be a deputy prosecuting attorney but must be admitted to the practice of law in Indiana. [Pre-1…

Sec. 1. (a) At or after the time of filing a complaint, the plaintiff may have an attachment against the property of the defendant, in the cases described in subsection (b) and in the manner described in this chapter. (b) The plaintiff may attach property when the action is for t…

Sec. 10. An order of attachment binds the defendant's property in the county subject to execution and becomes a lien on the property from the time of the delivery of the order to the sheriff, in the same manner as an execution. [Pre-1998 Recodification Citation: 34-1-11-10.] As a…

Sec. 11. (a) The sheriff shall first take the defendant's personal property under an attachment. (b) If the sheriff does not find enough personal property of the defendant to satisfy the plaintiff's claim and costs of the action, then the sheriff shall take the defendant's real e…

Sec. 12. The defendant or other person who has possession of attached property may have the property, or any part of the property, delivered to the defendant or person by executing and delivering to the sheriff a written undertaking, with surety, to be approved by the sheriff, pa…

Sec. 13. Whenever any person other than the defendant claims any property attached, the right of property may be tried as in cases of property taken in execution, and the claimant, having notice of the attachment, shall be bound to prosecute the claim as in such cases or be barre…

Sec. 14. The defendant or claimant of any attached property may be required by the court to appear and give information, under oath, respecting the property. [Pre-1998 Recodification Citation: 34-1-11-15.] As added by P.L.1-1998, SEC.20.

Sec. 15. Goods attached in the hands of a consignee are subject to a lien for any debt due the consignee from the consignor. [Pre-1998 Recodification Citation: 34-1-11-16.] As added by P.L.1-1998, SEC.20.

Sec. 16. If the defendant or other person representing the defendant, at any time before judgment, executes a written undertaking to the plaintiff with sufficient surety, to be approved by the court, clerk, or sheriff, to the effect that the defendant will: (1) appear in the acti…