Indiana law

Medical Malpractice Laws in Indiana.

Indiana has one of the most unique medical malpractice systems in the nation. The Indiana Medical Malpractice Act creates a mandatory Medical Review Panel (3 physicians + 1 attorney chair) that must review every claim before a lawsuit can be filed. "Qualified" providers (those who participate in the state system) are protected by a total damage cap of $1,800,000, with individual provider liability limited to $500,000. The state-administered Patient's Compensation Fund pays amounts above $500,000.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from act (occurrence-based)Ind. Code § 34-18-7-1

Medical malpractice claims must be filed within 2 years of the alleged act or omission. Indiana uses an occurrence-based rule — the clock runs from when malpractice happened, not discovery. Filing a proposed complaint with the Department of Insurance (to initiate the review panel) tolls the statute.

Exceptions

Minors Under 6 — Until age 8Ind. Code § 34-18-7-1

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

Medical Review Panel Tolling — Tolled during panel review + 90 daysInd. Code § 34-18-8-4

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.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Ind. Code § 34-51-2-5

Indiana's comparative fault rules apply to medical malpractice. Recovery is barred if the patient is 51% or more at fault.

State law

Damage Caps

Total Damages Cap (Qualified Providers): $1,800,000Ind. Code § 34-18-14-3(a)(3)

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.

State law

Filing Requirements

Mandatory Medical Review PanelInd. Code §§ 34-18-8-4, 34-18-10

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 law

Key Indiana Statutes

Patient's Compensation FundInd. Code § 34-18-6

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.

Cap HistoryInd. Code § 34-18-14-3

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.

State law

Official Sources

Indiana Medical Malpractice Act Indiana Department of Insurance

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Indiana.

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Medical Malpractice Laws in Indiana.

Statute of Limitations

Fault & Liability Rules

Damage Caps

Filing Requirements

Key Indiana Statutes

Official Sources

Not Legal Advice

Browse attorneys for this issue in Indiana.

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