Indiana
Birth Injury Lawyer

Bringing a medical malpractice claim in Indiana involves specific state laws you need to be aware of. These rules add layers of complexity to an already difficult situation. One major hurdle is the Statute of Limitations. Generally, in Indiana, a medical malpractice claim must be filed within two years of the date the alleged negligence occurred (Indiana Code § 34-18-7-1(b)). However, there’s a specific rule for young children: if the child was younger than six years old when the malpractice happened, the claim must be filed by their eighth birthday. Missing this deadline means losing the right to seek compensation, regardless of the injury’s severity. Indiana also requires most medical malpractice claims to go through a Medical Review Panel before a lawsuit can proceed in court (Indiana Code § 34-18-10). This panel, usually consisting of three healthcare providers and one attorney, reviews the evidence and provides an opinion on whether the medical provider failed to meet the standard of care and if that failure caused the injury. While the panel’s opinion isn’t binding in court, it significantly impacts the case. Additionally, Indiana places a cap on the total amount of damages recoverable in a medical malpractice case. The healthcare provider’s direct liability is limited to $500,000, with any additional amount up to the cap potentially paid by the Indiana Patient’s Compensation Fund (PCF). Understanding these caps and how they apply is important for setting expectations.