Indiana Statute of Limitations for Medical Malpractice
In Indiana, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Ind. Code § 34-18-7-1.
- 2 years from the act. Discovery rule applies with a maximum of 2 years from discovery.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act. Discovery rule applies with a maximum of 2 years from discovery.
General Indiana Rules
Indiana provides a 6-year period for most contract claims and a 2-year period for personal injury and property damage. Medical malpractice claims are subject to the Indiana Medical Malpractice Act, which requires filing a complaint with the Indiana Department of Insurance before bringing a court action.
Other Statutes of Limitations in Indiana
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Indiana?
The statute of limitations for medical malpractice in Indiana is 2 years. Citation: Ind. Code § 34-18-7-1.
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When does the clock start for medical malpractice in Indiana?
2 years from the act. Discovery rule applies with a maximum of 2 years from discovery.
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Can the statute of limitations for medical malpractice be extended in Indiana?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.