Title 34, CIVIL LAW AND PROCEDURE

Sec. 2. Except as otherwise provided in this chapter, a person who attends a peer review committee proceeding shall not be permitted or required to disclose: (1) any information acquired in connection with or in the course of a proceeding; (2) any opinion, recommendation, or eval…

Sec. 20. Section 19 of this chapter does not apply to damages under any federal or state law relating to the civil rights of a person including: (1) the federal Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq.; and (2) the federal Civil Rights Act, 42 U.S.C. 1981, et seq. [Pre-…

Sec. 21. (a) Notwithstanding sections 1 through 14 of this chapter: (1) a professional health care provider; (2) a peer review committee; and (3) the governing board of: (A) a hospital; (B) a preferred provider organization (including a preferred provider arrangement or reimburse…

Sec. 22. Evidence of any financial incentive offered to or withheld from: (1) a private psychiatric hospital licensed under IC 12-25; or (2) a preferred provider organization (including a preferred provider arrangement or reimbursement agreement under IC 27-8-11); is subject to d…

Sec. 23. In all actions to which this chapter applies, good faith shall be presumed, and malice shall be required to be proven by the person aggrieved. [Pre-1998 Recodification Citation: 34-4-12.6-1(f) part.] As added by P.L.1-1998, SEC.26.

Sec. 3. (a) Information that is otherwise discoverable or admissible from original sources is not immune from discovery or use in any proceeding merely because it was presented during proceedings before a peer review committee. (b) A member, an employee, an agent of a committee o…

Sec. 4. (a) A professional health care provider under investigation shall be permitted at any time to see any records accumulated by a peer review committee pertaining to the provider's personal practice. (b) The provider shall be offered the opportunity to appear before the peer…

Sec. 5. (a) As used in this section, "conflicted medical staff member" means a professional health care provider who is a member of a hospital's medical staff and who is determined by the hospital to be: (1) in direct economic competition with the professional health care provide…

Sec. 6. (a) Any appeal granted to a professional health care provider under section 5 of this chapter may be held before a committee of the board of trustees or the full board of trustees of the hospital in which the care under investigation was provided. (b) The right to a heari…

Sec. 7. (a) This section applies to: (1) a health maintenance organization (as defined in IC 27-13-1-19); or (2) a limited service health maintenance organization (as defined in IC 27-13-34-4). (b) Before: (1) taking corrective action against a professional health care provider w…

Sec. 8. (a) Communications to, the records of, and determinations of a peer review committee may only be disclosed to: (1) the peer review committee of: (A) a hospital; (B) a nonprofit health care organization (described in IC 34-6-2.1-165(23)); (C) a preferred provider organizat…

Sec. 9. Except in cases of required disclosure to the professional health care provider under investigation, no records or determinations of or communications to a peer review committee shall be: (1) subject to subpoena or discovery; or (2) admissible in evidence; in any judicial…

Sec. 1. Except as provided in IC 34-18-15-3, any advance payment made by the defendant health care provider or the health care provider's insurer to or for the plaintiff or any other person may not be construed as an admission of liability for injuries or damages suffered by the …

Sec. 2. (a) Evidence of an advance payment is not admissible until there is a final judgment in favor of the plaintiff. In this case the court shall reduce the judgment to the plaintiff to the extent of the advance payment. The advance payment inures to the exclusive benefit of t…

Sec. 3. A patient's claim for compensation under this article is not assignable. [Pre-1998 Recodification Citation: 27-12-16-3.] As added by P.L.1-1998, SEC.13.

Sec. 1. A mental health service provider is immune from civil liability to persons other than the patient for failing to: (1) predict; or (2) warn or take precautions to protect from; a patient's violent behavior unless the patient has communicated to the provider of mental healt…

Sec. 2. The duty to warn of or to take reasonable precautions to provide protection from violent behavior or other serious harm arises only under the limited circumstances specified in section 1 of this chapter. The duty is discharged by a mental health service provider who takes…

Sec. 3. A mental health service provider who discloses information that must be disclosed to comply with sections 1 through 2 of this chapter is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality. [Pre-1998 Recodificat…

Sec. 1. The purpose of this chapter is to make malpractice liability insurance available to risks (as defined in this article). [Pre-1998 Recodification Citation: 27-12-17-1.] As added by P.L.1-1998, SEC.13.

Sec. 2. (a) The residual malpractice insurance authority is created. (b) The department of insurance is designated as the residual malpractice insurance authority for the purposes of this article. (c) The authority may engage in making malpractice liability insurance, as describe…

Sec. 3. The commissioner shall appoint a risk manager for the authority. The separate, personal, or independent assets of the risk manager are not liable for or subject to use or expenditure for the purpose of providing insurance by the authority. [Pre-1998 Recodification Citatio…

Sec. 4. In the administration and provision for malpractice liability insurance by the authority, the risk manager shall do the following: (1) Obey all Indiana statutes and rules that apply to insurance described in IC 27-1-5-1, Class 2(h). (2) Prepare and file appropriate forms …

Sec. 5. The risk manager shall receive, as compensation for services, a percentage of all premiums received by the risk manager under this chapter, as determined by the commissioner. The rate of compensation may be adjusted by the commissioner. [Pre-1998 Recodification Citation: …

Sec. 6. If a risk, after diligent effort, has been declined by at least two (2) insurers, the risk may forward an application to the risk manager, together with evidence of the two (2) declinations. [Pre-1998 Recodification Citation: 27-12-17-6.] As added by P.L.1-1998, SEC.13.…

Sec. 7. If the risk manager declines to accept the risk, notice of declination, together with the reasons, shall be sent to the applicant and the commissioner. The applicant has ten (10) days after the date of notice to file an appeal for review by the commissioner. On appeal, th…

Sec. 8. All money appropriated by the state and any surplus of premiums over losses and expenses received by the authority shall be placed in a segregated fund and shall be invested and reinvested by the commissioner within the limitations set forth in IC 27-1-13. Investment inco…

Sec. 1. This chapter applies to all insurers, including farm mutual insurance companies operating under IC 27-5.1. [Pre-1998 Recodification Citation: 34-4-12.7-1.] As added by P.L.1-1998, SEC.26. Amended by P.L.129-2003, SEC.14.

Sec. 2. Except as provided in section 3 of this chapter, an act or omission in the making of an inspection in connection with the issuance or renewal of a policy of casualty or fire and marine insurance does not subject an insurer or its: (1) agents; (2) employees; or (3) service…

Sec. 3. The exemption from civil liability in section 2 of this chapter does not apply to: (1) any injury, loss, or death that: (A) occurs during an inspection; and (B) is proximately caused by the negligence of the insurer or its agent, employee, or service contractor; (2) an in…

Sec. 1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff's claim subject to IC 34-18-8-4, the plaintiff's attorney's fees may not exceed, for an act of malpractice committed: (1) before July 1, 2017, fifteen percent (15%) of any recovery from the…

Sec. 2. A patient has the right to elect to pay for the attorney's services on a mutually satisfactory per diem basis. The election, however, must be exercised in written form at the time of employment. [Pre-1998 Recodification Citation: 27-12-18-2.] As added by P.L.1-1998, SEC.1…

Sec. 1. (a) This chapter does not grant immunity from civil damages that are proximately caused by the negligent operation of a motor vehicle. (b) This chapter does not affect the vicarious civil liability of the entity that the individual serves. [Pre-1998 Recodification Citatio…

Sec. 2. An individual who, without compensation, contributes personal time to the Special Olympics is not liable for civil damages as a result of a negligent act or omission of the individual arising from that contribution. [Pre-1998 Recodification Citation: 34-4-11.6-4.] As adde…

Sec. 3. A person who contributes only money to the Special Olympics is not liable for civil damages as a consequence of a negligent act or omission of an individual described in section 2 of this chapter solely because of that contribution. [Pre-1998 Recodification Citation: 34-4…

Sec. 0.2. The addition of IC 34-4-11.8 (before its repeal, now codified in this chapter) by P.L.310-1987 does not apply to causes of action accruing before June 1, 1987. As added by P.L.220-2011, SEC.568.

Sec. 1. This chapter does not grant immunity from civil liability to a person who engaged in intentional, willful, wanton, or reckless behavior. [Pre-1998 Recodification Citation: 34-4-11.8-4.] As added by P.L.1-1998, SEC.26.

Sec. 2. (a) This chapter does not grant immunity from civil damages that are proximately caused by the negligent operation of a motor vehicle. (b) This chapter does not apply to an individual who is registered, certified, or licensed under IC 25. (c) This chapter does not affect …

Sec. 3. A volunteer is not liable for civil damages that are proximately caused by a negligent act or omission in the personal services provided by: (1) the volunteer; or (2) another person selected, trained, supervised, or otherwise under the control of the volunteer; in the cou…

Sec. 4. A governmental entity and the employees and agents of a governmental entity are not liable for civil damages that are proximately caused by: (1) the negligent selection, training, or supervision of a volunteer providing personal services in the course of a sports or leisu…

Sec. 1. A person is immune from civil liability based on an act or omission related to the use of a firearm or ammunition for a firearm by another person if the other person directly or indirectly obtained the firearm or ammunition for a firearm through the commission of the foll…

Sec. 2. The provisions of this chapter are severable. If this chapter or any part of this chapter is found to violate the United States Constitution or the Constitution of the State of Indiana, or is held invalid for any other reason, the validity of the remainder of this chapter…

Sec. 1. (a) "Actual damages", for purposes of IC 34-15-3, includes all damages that the plaintiff may have suffered in respect to the plaintiff's character, property, business, trade, profession, or occupation. (b) "Actual damages", for purposes of IC 34-15-4, means all damages t…

Sec. 10. "Agritourism provider", for the purposes of IC 34-31-9, has the meaning set forth in IC 34-31-9-3. As added by P.L.186-2025, SEC.176.

Sec. 100. "Inherent risks of equine activities", for purposes of IC 34-31-5, means the dangers or conditions that are an integral part of equine activities, including the following: (1) The propensity of an equine to behave in ways that may result in injury, harm, or death to per…

Sec. 101. "Innocent successor corporation", for purposes of IC 34-31-8, has the meaning set forth in IC 34-31-8-3. As added by P.L.186-2025, SEC.176.

Sec. 102. "Insured", for purposes of IC 34-53, means a person insured by an insurer. As added by P.L.186-2025, SEC.176.