Indiana (IN) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Indiana.
Damage Cap
$1,800,000 total damages cap (applies to qualified healthcare providers under the Indiana Medical Malpractice Act)
Statute of Limitations
2 years from the date of the act, omission, or neglect
Discovery Rule
Indiana applies the occurrence rule rather than the discovery rule for the primary limitations period, but minors under age 6 have until their 8th birthday to file.
Pre-Filing Requirements
Claims against qualified healthcare providers must first be filed with the Indiana Department of Insurance and reviewed by a medical review panel.
Average Settlement
$175,000 - $425,000
Average Verdict
$300,000 - $1,000,000
Key Facts About Indiana Medical Malpractice Law
- 1Indiana's Medical Malpractice Act requires claims against qualified providers to go through a medical review panel before filing in court.
- 2The total damages cap of $1.8 million applies to qualified providers who participate in the Indiana Patient's Compensation Fund.
- 3Individual provider liability is capped at $500,000 per occurrence, with the Patient's Compensation Fund covering the remainder up to $1.8 million.
- 4Indiana follows a modified comparative fault system with a 51% bar.
Need Help with a Indiana Medical Malpractice Case?
If you believe you have a medical malpractice claim in Indiana, it is important to act quickly. The statute of limitations in Indiana is 2 years from the date of the act, omission, or neglect. Most medical malpractice attorneys offer free initial consultations.