Indiana Medical Malpractice — Requirements & Limits

Medical malpractice claims in Indiana carry a higher burden of proof, stricter procedural requirements, and tighter deadlines than ordinary personal injury cases. The plaintiff must prove that a healthcare provider deviated from the accepted standard of care and that this deviation — not the underlying illness or condition — caused the harm.

Not every bad outcome is malpractice. To have a valid claim, four elements must be established:

In virtually all medical malpractice cases, expert testimony is required to establish both the standard of care and the breach. The expert must be a qualified medical professional — typically a practitioner in the same specialty as the defendant. Without a qualified expert willing to testify, the case cannot proceed.

Indiana imposes specific procedural requirements on medical malpractice claims that must be satisfied before or at the time of filing:

• Review Panel: Proposed complaint must first be submitted to a medical review panel before filing in court. Panel issues opinion on standard of care, causation, and damages. §34-18-8-4

Medical malpractice in Indiana has specific deadline rules that differ from the general personal injury Statute of limitations §34-18-7-1.

2 years from act of malpractice. Total damages capped at $1.8M (IC 34-18-14-3). Medical review panel required.

The general personal injury statute of limitations is 2 years §34-11-2-4.

Statute of repose §34-18-7-1

Indiana imposes a 2-year statute of repose — an absolute outer limit that cannot be extended by the discovery rule or tolling. Two-year occurrence-based limitation under Indiana Medical Malpractice Act. Discovery tolling limited.

Indiana imposes caps on certain categories of medical malpractice damages:

• $1,800,000 total (for claims after July 1, 2019) (Provider pays first $500K; Patient's Compensation Fund pays remainder up to $1.3M. Applies to ALL damages (economic + noneconomic combined). One of the oldest med mal cap laws (1975).) §34-18-14-3

• Surgical errors — wrong site, retained instruments, nerve damage, anesthesia errors
• Misdiagnosis or delayed diagnosis — failure to diagnose cancer, heart attack, stroke, or infection in time to prevent progression
• Medication errors — wrong drug, wrong dose, dangerous drug interactions, failure to check patient history
• Birth injuries — failure to monitor fetal distress, improper use of forceps or vacuum, delayed C-section
• Failure to treat — correct diagnosis but inadequate treatment, premature discharge, failure to refer to a specialist
• Failure to obtain informed consent — performing a procedure without adequately explaining risks and alternatives

Indiana follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 51% or more at fault, they recover nothing.

This rule applies in medical malpractice just as in other personal injury cases. The defense may argue the patient contributed to the harm — by failing to follow post-operative instructions, not disclosing relevant medical history, or delaying follow-up care.

• Request your complete medical records — you have a legal right to them. Do this before anything else.
• Do not delay — the combination of filing deadlines, pre-suit requirements, and the time needed for expert review means that early action is essential.
• Continue treating with other providers — mitigating your injuries is both medically necessary and legally important.
• Document the timeline — note when symptoms appeared, what you were told by providers, and when you first suspected something went wrong.