Sec. 6. (a) Notwithstanding section 4 of this chapter, a patient may commence an action against a health care provider for malpractice without submitting a proposed complaint to a medical review panel if the patient's pleadings include a declaration that the patient seeks damages from the health care provider in an amount not greater than fifteen thousand dollars ($15,000). In an action commenced under this subsection (or IC 27-12-8-6 (a) before its repeal), the patient is barred from recovering any amount greater than fifteen thousand dollars ($15,000), except as provided in subsection (b). (b) A patient who: (1) commences an action under subsection (a) (or IC 27-12-8-6 (a) before its repeal) in the reasonable belief that damages in an amount not greater than fifteen thousand dollars ($15,000) are adequate compensation for the bodily injury allegedly caused by the health care provider's malpractice; and (2) later learns, during the pendency of the action, that the bodily injury is more serious than previously believed and that fifteen thousand dollars ($15,000) is insufficient compensation for the bodily injury; may move that the action be dismissed without prejudice and, upon dismissal of the action, may file a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under this subsection. In a second action commenced in court following the medical review panel's proceeding on the proposed complaint, the patient may recover an amount greater than fifteen thousand dollars ($15,000). However, a patient may move for dismissal without prejudice and, if dismissal without prejudice is granted, may commence a second action under this subsection only if the patient's motion for dismissal is filed within two (2) years after commencement of the original action under subsection (a) (or IC 27-12-8-6 (a) before its repeal). (c) If a patient: (1) commences an action under subsection (a) (or IC 27-12-8-6 (a) before its repeal); (2) moves under subsection (b) (or IC 27-12-8-6 (b) before its repeal) for dismissal of that action; (3) files a proposed complaint subject to section 4 of this chapter based upon the same allegations of malpractice as were asserted in the action dismissed under subsection (b) (or IC 27-12-8-6 (b) before its repeal); and (4) commences a second action in court following the medical review panel proceeding on the proposed complaint; the timeliness of the second action is governed by IC 34-18-7-1 (c). (d) A medical liability insurer of a health care provider against whom an action has been filed under subsection (a) (or IC 27-12-8-6 (a) before its repeal) shall provide written notice to the state health commissioner as required under IC 34-18-9-2 . [Pre-1998 Recodification Citation: 27-12-8-6.]
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