Indiana

 Statute of

   Limitations

 Medical Claim Generally:

A medical malpractice claim must be “filed within two (2) years after the date of the alleged act, omission, or neglect”  [IC §34-18-7-1(b)]

 Minors:

The above referenced statute applies “except that a minor less than six (6) years of age has until the minor's eighth birthday to file” [IC §34-18-7-1(a)]

 Wrongful death:

In Indiana, a wrongful death claim must be filed within 2 years of the date of death [IC 34-23-1-2]

 Damage Caps

Indiana imposes damage caps on the total amount of all damages in medical malpractice actions that can be recovered (both noneconomic and economic damages). The statute lays out the amount recoverable determined by the date the malpractice occurred [IC §34-18-14-3]. The damage cap for medical malpractice in Indiana is $1.8 million for claims that arose after July 1, 2019.

 Attorney Fee Caps

Attorney fees in medical malpractice cases are capped at 32% of the total recovery.

 Pre-suit   Requirements

Indiana requires a hearing before a panel before filing a medical malpractice claim                            [IC §34-18-8-4]

 Expert   Qualifications

Indiana only requires the general rules for experts laid out in Indiana Rules of Court Rules of Evidence Rules 702 of the testimony being relevant and reliable.

 Negligent Credentialing   Claims

It is unclear as to whether Indiana recognizes negligent credentialing claims. The Indiana Court of Appeals held that with negligent credentialing claims, the defendant is not liable “[without a showing of an underlying breach of the standard of care by [the doctor] proximately causing [plaintiff's] injuries.”  [Martinez v. Park (2011)]