Indiana Medical Malpractice Laws

Children under 6 at the time of the alleged malpractice have until their 8th birthday to file.

Filing a proposed complaint with the Department of Insurance tolls the statute. After receiving the panel's opinion, the claimant has 90 days to file in court.

The total cap on all damages (economic + non-economic combined) against qualified providers is $1,800,000. Individual provider liability is limited to $500,000. Amounts above $500,000 are paid by the Patient's Compensation Fund. Non-qualified providers have no cap protection.

Every claim against a qualified provider (except claims under $15,000) must first go through a Medical Review Panel: 3 healthcare providers (voting) + 1 attorney chair (non-voting). At least 2 panelists must practice in the same specialty as the defendant. The panel issues a non-binding opinion on standard of care. Panel fees: $500 per member; chair: up to $2,500.

State-administered fund paid by surcharges on qualified providers' malpractice insurance. Pays claims above $500,000 up to the $1,800,000 total cap. Ensures patients can recover large judgments even when individual provider coverage is insufficient. Only available for claims against qualified providers.

The total cap has increased over time: $750,000 (pre-1999), $1,250,000 (1999-2017), $1,650,000 (2017-2019), $1,800,000 (July 2019-present). Individual provider cap: $500,000 since 2019.