What Is the Statute of Limitations for Medical Malpractice in Indiana?
In Indiana, the statute of limitations for medical malpractice is generally 2 years under Ind. Code § 34-18-7-1(b).
Medical malpractice Deadlines in Indiana
How long do you have to file a medical malpractice claim in Indiana?
In Indiana, the statute of limitations for medical malpractice is generally 2 years under Ind. Code § 34-18-7-1(b).
When does the clock start for medical malpractice in Indiana?
Two years from the date of the alleged malpractice — an occurrence rule rather than a discovery rule.
Can the Indiana deadline for medical malpractice be extended?
A child under six has until their eighth birthday to sue. Most claims must first go to a medical review panel, which tolls the period. Indiana caps total medical malpractice damages by statute.
Is the deadline different if the claim is against the government in Indiana?
Often, yes. Tort claim notice — 180 days local, 270 days state under Ind. Code §§ 34-13-3-8, 34-13-3-6. The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss, and notice to a state agency within 270 days. The notice is a precondition to suit and the two-year limitations period still applies on top of it. Indiana also…
How does Indiana compare to other states for medical malpractice?
Indiana's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Indiana:
