Indiana medical malpractice law
In Indiana, you generally have 2 years to file a medical malpractice claim from the date of the treatment. See damage caps and expert rules for 2026.
Sources checked
Malpractice lawyers in Indiana
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1.Something went wrong
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2.Get your records
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3.Free case review
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4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
Your deadline: 2 years from the treatment
Indiana rules at a glance
Work out your deadline- Filing deadline
- 2 years from the treatment
- Damage caps
- Capped for pain and suffering
- Before you file
- Written notice before you sue
- Shared fault
- Contributory
Full Indiana law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- The clock startsOn the day of the treatment
- Time to start a claim2 yearsMiss it and the claim is usually lost.
The rules in Indiana
Filing deadline
2 years
Counted from the treatment. File (with the Indiana Department of Insurance, to start the medical review panel) within 2 years of the act, omission or neglect.
Discovery rule
Applies
Limited. Courts allow 2 years from discovery when the patient could not reasonably have discovered the malpractice within the 2-year period, to avoid an unconstitutional result.
Outer limit
None found
We found no statute of repose for Indiana.
Damage caps
Indiana caps all damages, not just non-economic, for claims against providers qualified under the Medical Malpractice Act. The Indiana courts have upheld the cap.
- Total
- $1,800,000 total for all damages for acts on or after July 1, 2019 ($1,650,000 for July 2017 to June 2019); a qualified provider pays at most $500,000 and the Patient's Compensation Fund pays the rest.
Children
Different clock
A child under 6 has until the eighth birthday. Older children are held to the same 2-year rule as adults.
Affidavit of merit
Not required
No affidavit of merit; the medical review panel takes its place.
Notice before suing
Required
A proposed complaint must be filed with the Indiana Department of Insurance and reviewed by a medical review panel before suit, unless the parties agree to skip it or the claim is for $15,000 or less. The deadline is suspended during review; sue within 90 days after the panel's opinion.
Ind. Code §§ 34-18-8-4, 34-18-7-3
Shared fault
Contributory
Contributory negligence: any fault of yours can bar recovery
Experts
Expert evidence
The panel's opinion is admissible at trial; expert testimony is generally required to prove the standard of care.
Indiana's Comparative Fault Act does not apply to medical malpractice, so contributory negligence remains a complete defense (Cavens v. Zaberdac, Indiana Supreme Court, 2006). Attorney fees paid from the Patient's Compensation Fund are limited to 32 percent for acts after June 30, 2017. These rules apply to providers qualified under the Act.
Sources
- Indiana Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
- Cavens v. Zaberdac, 849 N.E.2d 526 (Ind. 2006), Justia
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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