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Indiana Medical Malpractice Act - Chapter 12
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IC
34-18-12
Chapter
12.
Liability
Based
on
Breach
of
Contract;
Informed
Consent
IC
34-18-12-1
Health
care
provider
liability;
actions
based
on
breach
of
contract
Sec.
1.
Liability
may
not
be
imposed
on a
health
care
provider
on
the
basis
of
an
alleged
breach
of
contract,
express
or
implied,
assuring
results
to
be
obtained
from
any
procedure
undertaken
in
the
course
of
health
care,
unless
the
contract
is
in
writing
and
signed
by
that
health
care
provider
or
by
an
authorized
agent
of
the
health
care
provider.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-2
Informed
consent;
rebuttable
presumption
Sec.
2.
If a
patient's
written
consent
is:
(1)
signed
by
the
patient
or
the
patient's
authorized
representative;
(2)
witnessed
by
an
individual
at
least
eighteen
(18)
years
of
age;
and
(3)
explained,
orally
or
in
the
written
consent,
to
the
patient
or
the
patient's
authorized
representative
before
a
treatment,
procedure,
examination,
or
test
is
undertaken;
a
rebuttable
presumption
is
created
that
the
consent
is
an
informed
consent.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-3
Informed
written
consent;
explanation
of
proposed
treatment,
outcome,
and
risks
Sec.
3.
The
explanation
given
in
accordance
with
section
2(3)
of
this
chapter
must
include
the
following
information:
(1)
The
general
nature
of
the
patient's
condition.
(2)
The
proposed
treatment,
procedure,
examination,
or
test.
(3)
The
expected
outcome
of
the
treatment,
procedure,
examination,
or
test.
(4)
The
material
risks
of
the
treatment,
procedure,
examination,
or
test.
(5)
The
reasonable
alternatives
to
the
treatment,
procedure,
examination,
or
test.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-4
Duty
to
obtain
informed
consent
Sec.
4.
This
chapter
does
not
relieve
a
qualified
health
care
provider
of
the
duty
to
obtain
an
informed
consent.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-5
Withdrawal
of
consent
Sec.
5.
This
chapter
does
not
prevent
a
patient,
after
having
signed
a
consent,
from
withdrawing
that
consent.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-6
Writing
not
required
Sec.
6.
This
chapter
does
not
require
that
a
patient's
consent
or
the
information
described
under
section
3 of
this
chapter
be
in
writing
in
all
cases.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-7
Compliance
with
chapter
Sec.
7.
Compliance
with
this
chapter
is
not
required
to
create
an
informed
consent.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-8
Patient
refusal
to
receive
information
Sec.
8. A
patient
may
refuse
to
receive
some
or
all
of
the
information
described
in
section
3 of
this
chapter.
As
added
by
P.L.1-1998,
SEC.13.
IC
34-18-12-9
Consent
not
required;
mental
disability
or
emergency
Sec.
9.
Sections
2
and
3 of
this
chapter
do
not
apply
to a
person
who
is
mentally
incapable
of
understanding
the
information
required
to
be
provided
by
section
3 of
this
chapter.
This
section
does
not
require
consent
to
health
care
in
an
emergency.
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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