2015 Indiana Code TITLE 34. CIVIL LAW AND PROCEDURE ARTICLE 18. MEDICAL MALPRACTICE CHAPTER 16. EVIDENCE OF ADVANCED PAYMENT; ASSIGNABILITY OF CLAIM
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IC 34-18-16
Chapter 16. Evidence of Advanced Payment; Assignability of
Claim
IC 34-18-16-1
Advanced payment not admission of liability
Sec. 1. Except as provided in IC 34-18-15-3, any advance
payment made by the defendant health care provider or the health
care provider's insurer to or for the plaintiff or any other person may
not be construed as an admission of liability for injuries or damages
suffered by the plaintiff or anyone else in an action brought for
medical malpractice.
As added by P.L.1-1998, SEC.13.
IC 34-18-16-2
Admissibility; payment exceeds liability of defendant; adjustment
of judgments
Sec. 2. (a) Evidence of an advance payment is not admissible until
there is a final judgment in favor of the plaintiff. In this case the court
shall reduce the judgment to the plaintiff to the extent of the advance
payment. The advance payment inures to the exclusive benefit of the
defendant or the defendant's insurer making the payment.
(b) If the advance payment exceeds the liability of the defendant
or the insurer making the advance payment, the court shall order any
adjustment necessary to equalize the amount that each defendant is
obligated to pay, exclusive of costs. An advance payment in excess
of an award is not repayable by the person receiving the advance
payment.
As added by P.L.1-1998, SEC.13.
IC 34-18-16-3
Claim not assignable
Sec. 3. A patient's claim for compensation under this article is not
assignable.
As added by P.L.1-1998, SEC.13.
Indiana Code 2015
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