Title 34, CIVIL LAW AND PROCEDURE

Sec. 2. If requested to do so, the attorney general shall defend a present or former state employee against any claim or suit brought against the state employee with regard to a contract entered into for the employee's governmental entity. The attorney general may employ other co…

Sec. 3. (a) A judgment rendered with respect to or a settlement made by a governmental entity bars an action by the claimant against an employee whose conduct gave rise to the claim resulting in that judgment or settlement. (b) The governmental entity shall pay any judgment, comp…

Sec. 1. The proof of an answer of justification in cases of libel and slander is controlled by the rule that applies to the proof of issues in other civil cases. [Pre-1998 Recodification Citation: 34-4-13-1.] As added by P.L.1-1998, SEC.10.

Sec. 1. (a) An information described in IC 34-17-1-1 may be filed: (1) by the prosecuting attorney in the circuit court, superior court, or probate court of the proper county, upon the prosecuting attorney's own relation, whenever the prosecuting attorney: (A) determines it to be…

Sec. 2. (a) An information to annul or vacate any letters-patent, certificate, or deed described in IC 34-17-1-2 may be filed by: (1) the prosecuting attorney, upon the prosecuting attorney's relation; or (2) a private person, upon the person's relation, showing the person's inte…

Sec. 3. (a) Following forfeiture or escheat of property as described in IC 34-17-1-3, an information may be filed by the prosecuting attorney in the circuit court, superior court, or probate court for the recovery of the property, alleging the ground on which the recovery is clai…

Sec. 4. When several persons claim to be entitled to the same office or franchise, one (1) information may be filed against any or all persons making the claim, in order to try their respective rights to the office or franchise. [Pre-1998 Recodification Citation: 34-1-59-10.] As …

Sec. 5. The information consists of a plain statement of the facts that constitute the grounds of the proceeding, addressed to the court. [Pre-1998 Recodification Citation: 34-1-59-3.] As added by P.L.1-1998, SEC.12.

Sec. 6. (a) This section applies to an information filed against a person for usurping an office. (b) Whenever an information described in subsection (a) is filed by the prosecuting attorney, the prosecuting attorney shall also set forth the name of the person rightfully entitled…

Sec. 7. Whenever an information is filed, a summons shall issue, which shall be served and returned as in other actions. The defendant shall appear and answer, or suffer default, and subsequent proceedings are the same as in other cases. [Pre-1998 Recodification Citation: 34-1-59…

Sec. 1. The definitions in this chapter apply throughout this article. [Pre-1998 Recodification Citation: 27-12-2-1.] As added by P.L.1-1998, SEC.13.

Sec. 10. "Community mental health center" means a public or private mental health center established under IC 12-29. [Pre-1998 Recodification Citation: 27-12-2-10.] As added by P.L.1-1998, SEC.13.

Sec. 11. "Community intellectual disability center" means a public or private community intellectual disability and other developmental disabilities center established under IC 12-29. [Pre-1998 Recodification Citation: 27-12-2-11.] As added by P.L.1-1998, SEC.13. Amended by P.L.1…

Sec. 12. "Emergency medical technician" has the meaning set forth in IC 16-18-2-112 but does not include such a person while operating an emergency vehicle. [Pre-1998 Recodification Citation: 27-12-2-12.] As added by P.L.1-1998, SEC.13.

Sec. 12.5. "Final nonappealable judgment" means a final judgment with respect to which: (1) the time for filing an appeal has expired; (2) all appeals have been exhausted; or (3) both. A final nonappealable judgment is issued on the date an event described in subdivisions (1) thr…

Sec. 13. "Health care" means an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. [Pre-1998 Recodification Citation: …

Sec. 14. "Health care provider" means any of the following: (1) An individual, a partnership, a limited liability company, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional …

Sec. 15. "Health facility" means a facility licensed under IC 16-28. [Pre-1998 Recodification Citation: 27-12-2-15.] As added by P.L.1-1998, SEC.13.

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.