(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HEALING ART. Shall not include care and treatment by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denominations.
HEALING ART MALPRACTICE. Any action, whether in tort, contract or otherwise, in which the plaintiff seeks damages for injuries or death by reason of medical, hospital or other healing art malpractice, including, but not limited to, medical, hospital, nursing home, nursing, dental or podiatric malpractice.
VERDICT. A judgment entered by any court that has jurisdiction a healing art malpractice case.
(1960 Code, § 17-1-1)
(B) Personal assets protected in healing art malpractice case.
(1) In the event that a physician has at least $1,000,000 in professional liability insurance coverage to cover a claim against him or her, and there is a verdict in excess of the physician’s professional liability policy limits, the physician may petition the trial court or the designee of the Chief Judge of the Circuit Court for asset protection in an amount equal to two times the maximum amount payable per occurrence under the physician’s professional liability insurance. Upon receiving such petition the court shall enter an order granting the physician asset protection in the amount equal to two times the maximum amount payable per occurrence under the physician’s professional liability insurance. Within 30 days of the entry of said order, the physician shall file a list of assets with the court that are to be protected.
(2) Division (B)(1) above only applies to causes of action that arose out of acts that occurred within the corporate limits of the city.
(1960 Code, § 17-1-2)
(Ord. 6676, passed 8-16-2004) Penalty, see § 119.99