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
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State law
Statute of Limitations
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
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.
State law
Fault & Liability Rules
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
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
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
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.
State law
Official Sources
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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