§ 34-51-2-17 Nonparty defense; medical malpractice claims

Codes > Indiana Code > Title 34 > Article 51 : Chapter 2 > 34-51-2-17 Nonparty

34-51-2-17 Nonparty defense; medical malpractice claims

    Sec. 17. This section applies to a claim filed with the insurance commissioner under IC 16-9.5 (before its repeal), IC 27-12 (before its repeal), or IC 34-18 against a qualified health care provider, with the exception that the pleading of a nonparty defense, as required by sections 15 and 16 of this chapter must occur not later than ninety (90) days after the filing of the claim with the insurance commissioner. However, this time limitation may be enlarged or shortened by a court having jurisdiction over the claim in such matter as will give:

    (1) the qualified health care provider reasonable opportunity to discover the existence of a nonparty defense; and

    (2) the claimant reasonable opportunity to assert a claim against the nonparty before the expiration of the period of limitation applicable to the claim.