Health & Medical in Indiana
Key Indiana Law
Indiana Code Section 34-18-7-1 (Indiana Medical Malpractice Act)
Indiana's Medical Malpractice Act (Ind. Code § 34-18) requires malpractice claims against qualified providers to be filed within two years of the occurrence of the malpractice. Claims against non-qualified providers follow the general two-year tort SOL.
View official statuteProcedural Details in Indiana
Indiana Agencies & Resources
Indiana Medical Licensing Board
Licenses and disciplines physicians in Indiana; investigates professional conduct complaints.
Indiana Department of Insurance — Medical Malpractice
Administers the Medical Review Panel process and the Patient's Compensation Fund in Indiana.
Indiana State Department of Health
Oversees hospital licensing and patient safety regulations in Indiana.
Frequently Asked Questions
What is Indiana's two-step medical malpractice process?
Indiana requires malpractice claimants to first file a proposed complaint with the Indiana Department of Insurance and submit to a Medical Review Panel (three same-specialty physicians) before filing a lawsuit. The panel's opinion is admissible at trial but not binding. Only after panel review may the case proceed to court.
What is the statute of limitations for medical malpractice in Indiana?
Ind. Code § 34-18-7-1 imposes a two-year statute of limitations for claims against qualified health care providers under the MMA. Filing the proposed complaint with the Department of Insurance tolls the limitations period while the panel review proceeds.
What are Indiana's damage caps in medical malpractice cases?
Indiana caps total malpractice damages at approximately $1,800,000 per occurrence. Individual providers are liable for up to $500,000, with amounts above that paid from the Indiana Patient's Compensation Fund. These caps apply to qualified providers under the Medical Malpractice Act. Non-qualified providers are not subject to these caps.
How do I file a complaint against a doctor in Indiana?
Complaints against Indiana physicians may be filed with the Indiana Medical Licensing Board at the Professional Licensing Agency (pla.in.gov). The Board investigates and may impose conditions, suspend, or revoke licensure. A board complaint is separate from the Medical Review Panel process or civil litigation.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Indiana?
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