Indiana · Medical Malpractice
Indiana medical malpractice damage caps and statute of limitations
Refreshed 2026. $1,800,000 damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
IN Code § 34-18-14-3Non-economic damages cap
None
Total damages cap
$1,800,000
Status
active
Notes
Total cap (including economic damages) for incidents after June 30, 2019. Tiered by incident date: $1,650,000 (July 2017-June 2019); $1,250,000 (July 1999-June 2017). Provider liability capped at $500,000; Patient's Compensation Fund covers excess. Qualified providers must participate in Fund.
Statute of limitations
IN Code § 34-18-7-1Standard SOL
2 years from act or omission
Discovery rule
Yes, but limited by repose. Runs from when injury was or should have been discovered.
Statute of repose
2 years from act (effectively same as SOL for most cases)
Minor exception
For children under 6: SOL extended until child's 8th birthday
Wrongful death SOL
2 years from date of death
Notes
Medical review panel opinion required before filing suit. Panel process tolls SOL. Qualified provider claims governed by Medical Malpractice Act.
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Indiana med-mal FAQ
What is the medical malpractice statute of limitations in Indiana?+
2 years from act or omission. Yes, but limited by repose. Runs from when injury was or should have been discovered. Statute of repose: 2 years from act (effectively same as SOL for most cases). Wrongful death: 2 years from date of death. Medical review panel opinion required before filing suit. Panel process tolls SOL. Qualified provider claims governed by Medical Malpractice Act. Source: IN Code § 34-18-7-1.
Does Indiana have a medical malpractice damage cap?+
Total damages cap: $1,800,000. Total cap (including economic damages) for incidents after June 30, 2019. Tiered by incident date: $1,650,000 (July 2017-June 2019); $1,250,000 (July 1999-June 2017). Provider liability capped at $500,000; Patient's Compensation Fund covers excess. Qualified providers must participate in Fund. Source: IN Code § 34-18-14-3.
How does Indiana handle the discovery rule in med-mal cases?+
Yes, but limited by repose. Runs from when injury was or should have been discovered.
What is the Indiana minor exception for medical malpractice?+
For children under 6: SOL extended until child's 8th birthday
What is the wrongful death statute of limitations for Indiana medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Indiana damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Indiana attorney before relying on a deadline. Data refreshed May 2026.