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Indiana Medical Malpractice Act - Chapter 11
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IC
34-18-11
Chapter
11.
Preliminary
Determination
of
Affirmative
Defense
or Issue
of Law
or Fact;
Discovery
IC
34-18-11-1
Discovery;
preliminary
rulings
Sec. 1.
(a) A
court
having
jurisdiction
over the
subject
matter
and the
parties
to a
proposed
complaint
filed
with the
commissioner
under
this
article
may,
upon the
filing
of a
copy of
the
proposed
complaint
and a
written
motion
under
this
chapter,
do one
(1) or
both of
the
following:
(1)
preliminarily
determine
an
affirmative
defense
or issue
of law
or fact
that may
be
preliminarily
determined
under
the
Indiana
Rules of
Procedure;
or
(2)
compel
discovery
in
accordance
with the
Indiana
Rules of
Procedure.
(b)
The
court
has no
jurisdiction
to rule
preliminarily
upon any
affirmative
defense
or issue
of law
or fact
reserved
for
written
opinion
by the
medical
review
panel
under
IC 34-18-10-22(b)(1),
IC 34-18-10-22(b)(2),
and
IC 34-18-10-22(b)(4).
(c)
The
court
has
jurisdiction
to
entertain
a motion
filed
under
this
chapter
only
during
that
time
after a
proposed
complaint
is filed
with the
commissioner
under
this
article
but
before
the
medical
review
panel
gives
the
panel's
written
opinion
under
IC 34-18-10-22.
(d)
The
failure
of any
party to
move for
a
preliminary
determination
or to
compel
discovery
under
this
chapter
before
the
medical
review
panel
gives
the
panel's
written
opinion
under
IC 34-18-10-22
does not
constitute
the
waiver
of any
affirmative
defense
or issue
of law
or fact.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-11-2
Invoking
jurisdiction
of the
court;
issuance
of
summons
Sec. 2.
(a) A
party to
a
proceeding
commenced
under
this
article,
the
commissioner,
or the
chairman
of a
medical
review
panel,
if any,
may
invoke
the
jurisdiction
of the
court by
paying
the
statutory
filing
fee to
the
clerk
and
filing a
copy of
the
proposed
complaint
and
motion
with the
clerk.
(b)
The
filing
of a
copy of
the
proposed
complaint
and
motion
with the
clerk
confers
jurisdiction
upon the
court
over the
subject
matter
and the
parties
to the
proceeding
for the
limited
purposes
stated
in this
chapter,
including
the
taxation
and
assessment
of costs
or the
allowance
of
expenses,
including
reasonable
attorney's
fees, or
both.
(c)
The
moving
party or
the
moving
party's
attorney
shall
cause as
many
summonses
as are
necessary
to be
issued
by the
clerk
and
served
on the
commissioner,
each
nonmoving
party to
the
proceedings,
and the
chairman
of the
medical
review
panel,
if any,
unless
the
commissioner
or the
chairman
is the
moving
party,
together
with a
copy of
the
proposed
complaint
and a
copy of
the
motion
under
Rules 4
through
4.17 of
the
Indiana
Rules of
Trial
Procedure.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-11-3
Time
for
reply to
motion;
rulings
Sec. 3.
(a) Each
nonmoving
party to
the
proceeding,
including
the
commissioner
and the
chairman
of the
medical
review
panel,
if any,
shall
have a
period
of
twenty
(20)
days
after
service,
or a
period
of
twenty-three
(23)
days
after
service
if
service
is by
mail, to
appear
and file
and
serve a
written
response
to the
motion,
unless
the
court,
for
cause
shown,
orders
the
period
enlarged.
(b)
The
court
shall
enter a
ruling
on the
motion:
(1)
within
thirty
(30)
days
after
the
motion
is
heard;
or
(2)
if no
hearing
is
requested,
granted
or
ordered,
within
thirty
(30)
days
after
the date
on which
the last
written
response
to the
motion
is
filed.
(c)
The
court
shall
order
the
clerk to
serve a
copy of
the
court's
ruling
on the
motion
by
ordinary
mail on
the
commissioner,
each
party to
the
proceeding,
and the
chairman
of the
medical
review
panel,
if any.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-11-4
Stay
of
proceedings
Sec. 4.
Upon the
filing
of a
copy of
the
proposed
complaint
and
motion
with the
clerk of
the
court,
all
further
proceedings
before
the
medical
review
panel
shall be
stayed
automatically
until
the
court
has
entered
a ruling
on the
motion.
As
added by
P.L.1-1998,
SEC.13.
IC
34-18-11-5
Enforcement
Sec. 5.
The
court
may
enforce
its
ruling
on any
motion
filed
under
this
chapter
in
accordance
with the
Indiana
Rules of
Procedure,
subject
to the
right of
appeal.
As added
by
P.L.1-1998,
SEC.13.
Note:
Anyone
who believes they may have a medical
malpractice claim should immediately consult
an attorney with experience in handling such
cases. As with many areas of the law,
medical malpractice law in Indiana is very
complex and contains numerous caveats and
peculiarities. One should not attempt to
interpret or apply the law to one's case
without the consultation of a medical
malpractice lawyer. Given that various
time limitations may apply, it is highly
advisable to consult such an attorney
without delay, in order to avoid having a
potential claim barred.
For more information, or for
a free attorney consultation with The
Powless Law Firm,
click here, or call toll-free:
(888)922-2889.
This page
was last updated on 8/8/05. It is
highly advisable to undertake an independent
review of the current statute to ensure that
no legislative changes have been adopted
since such time.
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