Sec. 3. (a) A health care provider’s insurer shall notify the commissioner of any malpractice case upon which the insurer has placed a reserve of at least one hundred twenty-five thousand dollars ($125,000). The insurer shall give notice to the commissioner under this subsection immediately after placing the reserve. The notice and all communications and correspondence relating to the notice are confidential and may not be made available to any person or any public or private agency.

     (b) All malpractice claims settled or adjudicated to final judgment against a health care provider shall be reported to the commissioner by the plaintiff‘s attorney and by the health care provider or the health care provider’s insurer or risk manager within sixty (60) days following final disposition of the claim. The report to the commissioner must state the following:

Terms Used In Indiana Code 34-18-9-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) The nature of the claim.

(2) The damages asserted and the alleged injury.

(3) The attorney’s fees and expenses incurred in connection with the claim or defense.

(4) The amount of the settlement or judgment.

[Pre-1998 Recodification Citation: 27-12-9-3.]

As added by P.L.1-1998, SEC.13. Amended by P.L.111-1998, SEC.11.

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