Medical Malpractice Rules in Indiana
The deadline to file a medical malpractice claim in Indiana, the discovery rule, and caps on damages.
Short answer: A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. Ind. Code § 34-18-7-1
| Medical malpractice deadline | A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. A child under 6 has until his or her 8th birthday. In certain situations described in § 34-18-8-6(c), the period is extended by 180 days. Source: Ind. Code § 34-18-7-1 |
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| Medical malpractice caps | Yes. Under the Medical Malpractice Act, the total amount recoverable for a patient's injury or death is capped at $1,800,000 for acts of malpractice after June 30, 2019 (lower amounts apply to earlier acts). A qualified health care provider is liable for no more than $500,000 for acts after June 30, 2019; amounts above the provider's share, up to the total cap, are paid by the state Patient's Compensation Fund. The cap applies to health care providers qualified under the Medical Malpractice Act. Source: Ind. Code § 34-18-14-3 |
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FAQ
What is the statute of limitations for medical malpractice in Indiana?
A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. A child under 6 has until his or her 8th birthday. In certain situations described in § 34-18-8-6(c), the period is extended by 180 days.
Is there a cap on medical malpractice damages in Indiana?
Yes. Under the Medical Malpractice Act, the total amount recoverable for a patient's injury or death is capped at $1,800,000 for acts of malpractice after June 30, 2019 (lower amounts apply to earlier acts). A qualified health care provider is liable for no more than $500,000 for acts after June 30, 2019; amounts above the provider's share, up to the total cap, are paid by the state Patient's Compensation Fund.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.