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Indiana

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 8 years
  • SOL for Medical Malpractice Claims (Parental Claims): 2 years
  • SOL for Wrongful Death Claims: 2 years

Indiana Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

8 years: Ind. Code § 34-18-7-1 b): A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor’s eighth birthday to file.

Indiana Statute of Limitations for Medical Malpractice Claims (Parental Claims)

2 years: Ind. Code Ann. § 34-18-7-1 b): A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor’s eighth birthday to file. (See Brinkman v. Bueter, 856 N.E.2d 1231 (2006) – allowing 2 years from discovery).

Indiana Medical Malpractice Claim Caps

Ind. Code § 34-18-14-3: The total amount recoverable for an injury or death of a patient may not exceed the following: (1) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs before January 1, 1990. (2) Seven hundred fifty thousand dollars ($750,000) for an act of malpractice that occurs: (A) after December 31, 1989; and (B) before July 1, 1999. (3) One million two hundred fifty thousand dollars ($1,250,000) for an act of malpractice that occurs after June 30, 1999. (b) A health care provider qualified under this article (or IC 27-12 before its repeal) is not liable for an amount in excess of two hundred fifty thousand dollars ($250,000) for an occurrence of malpractice. (c) Any amount due from a judgment or settlement that is in excess of the total liability of all liable health care providers, subject to subsections (a), (b), and (d), shall be paid from the patient’s compensation fund under IC 34-18-15. (d) If a health care provider qualified under this article (or IC 27-12 before its repeal) admits liability or is adjudicated liable solely by reason of the conduct of another health care provider who is an officer, agent, or employee of the health care provider acting in the course and scope of employment and qualified under this article (or IC 27-12 before its repeal), the total amount that shall be paid to the claimant on behalf of the officer, agent, or employee and the health care provider by the health care provider or its insurer is two hundred fifty thousand dollars ($250,000). The balance of an adjudicated amount to which the claimant is entitled shall be paid by other liable health care providers or the patient’s compensation fund, or both.

Indiana Statute of Limitations for Wrongful Death Claims

2 years: Ind. Code § 34-18-7-1: A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect…

Indiana Wrongful Death Claim Caps

Ind. Code § 34-18-14-3: The total amount recoverable for an injury or death of a patient may not exceed the following: (1) Five hundred thousand dollars ($500,000) for an act of malpractice that occurs before January 1, 1990. (2) Seven hundred fifty thousand dollars ($750,000) for an act of malpractice that occurs: (A) after December 31, 1989; and (B) before July 1, 1999. (3) One million two hundred fifty thousand dollars ($1,250,000) for an act of malpractice that occurs after June 30, 1999. (b) A health care provider qualified under this article (or IC 27-12 before its repeal) is not liable for an amount in excess of two hundred fifty thousand dollars ($250,000) for an occurrence of malpractice. (c) Any amount due from a judgment or settlement that is in excess of the total liability of all liable health care providers, subject to subsections (a), (b), and (d), shall be paid from the patient’s compensation fund under IC 34-18-15. (d) If a health care provider qualified under this article (or IC 27-12 before its repeal) admits liability or is adjudicated liable solely by reason of the conduct of another health care provider who is an officer, agent, or employee of the health care provider acting in the course and scope of employment and qualified under this article (or IC 27-12 before its repeal), the total amount that shall be paid to the claimant on behalf of the officer, agent, or employee and the health care provider by the health care provider or its insurer is two hundred fifty thousand dollars ($250,000). The balance of an adjudicated amount to which the claimant is entitled shall be paid by other liable health care providers or the patient’s compensation fund, or both.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.