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IN SB0026
Bill
Status
1/3/2019
Primary Sponsor
Lonnie Randolph
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AI Summary
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Raises the threshold for filing direct medical malpractice lawsuits against health care providers from $15,000 to $187,000, allowing patients to bypass the medical review panel for claims up to this amount
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Patients filing direct actions must include a declaration stating they seek damages not exceeding $187,000 and are barred from recovering more than that amount
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Patients who later discover their injuries are more serious may dismiss without prejudice within 2 years of the original filing and refile through the standard medical review panel process to seek higher damages
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Amends IC 34-18-8-6 with an effective date of July 1, 2019
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Introduced by Senator Randolph Lonnie M and referred to the Senate Committee on Judiciary on January 3, 2019
Legislative Description
Medical malpractice actions. Permits a patient to bring an action against a health care provider without submitting the complaint to the medical review board if the amount of the claim is not more than $187,000. (Under current law, a patient may bring a direct action only if the amount is not more than $15,000.)
Last Action
First reading: referred to Committee on Judiciary
1/3/2019