Indiana Medical Malpractice Claims - At a Glance
Medical malpractice claims in Indiana are governed by Indiana’s contributory negligence law. King v. Clark, 709 N.E.2d 1043 (Ind. Ct. App. 1999). Medical malpractice claims against qualified health care providers must be filed with the Indiana Department of Insurance. IND. CODE § 34-18-8-4. If a health care provider is not qualified, the claim must be filed in a court of competent jurisdiction. Guinn v. Light, 558 N.E.2d 820 (Ind. 1990).
The statute of limitations for medical malpractice claims in Indiana is two years from date of occurrence if the plaintiff discovers the claim within the two year period. If the plaintiff does not discover the malpractice, or did not know or should not have known of the malpractice within two years of the date of the malpractice, then two years from the date of discovery. See Jacobs v. Manhart, 770 N.E.2d 344 (Ind. Ct. App. 2002). If the medical provider is qualified, the statute of limitations is tolled by ninety days from the date of the receipt of the medical review panel opinion. IND. CODE § 34-18-7-2.
Medical malpractice awards in Indiana are limited to $1,250,000 and under. IND. CODE § 34-18-14-3.
