Medical Malpractice Statute of Limitations in Indiana
Last verified 2026-07 · Source: Ind. Code § 34-18-7-1 ✓ verified · 3 sources
The deadline
2 years
from the date of the alleged act, omission, or neglect, under Ind. Code § 34-18-7-1.
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If you're researching medical malpractice claims in Indiana, the single most important number is 2 years. That's how long Ind. Code § 34-18-7-1 gives you to file a medical malpractice claim, counted from the date of the alleged act, omission, or neglect. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Indiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Ind. Code § 34-18-7-1 |
| Car Accident | 2 yrs | Ind. Code § 34-11-2-4(a) |
| Credit Card Debt | 6 yrs | Ind. Code § 34-11-2-9 |
| Wrongful Death | 2 yrs | Indiana Code § 34-23-1-1 |
| Personal Injury | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
| Dog Bite | 2 yrs | Ind. Code § 15-20-1-3 |
| Slip and Fall | 2 yrs | Ind. Code § 34-11-2-4 |
| Defamation | 2 yrs | Ind. Code § 34-11-2-4 |
| Breach of Contract | 10 yrs | Ind. Code § 34-11-2-11 |
| Medical Debt | 6 yrs | Ind. Code § 34-11-2-9 |
When the Clock Starts
In Indiana, the limitations period for medical malpractice claims generally begins on the date of the alleged act, omission, or neglect. Indiana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a government/public hospital require a tort-claim notice within 180 days (political subdivision) or 270 days (state) under the Indiana Tort Claims Act, Ind. Code § 34-13-3-8.
- Damage caps: Total damages capped at $1,800,000 per occurrence for acts after June 30, 2019, under Ind. Code § 34-18-14-3 (with a provider liability limit and Patient's Compensation Fund paying the excess).
With limited exceptions, a proposed complaint must first be reviewed by a statutory medical review panel and the panel must render an opinion before suit is filed in court (Ind. Code § 34-18-8-4).
Source: Ind. Code § 34-18-7-1, official Indiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Indiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Indiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Indiana | 2 years | Ind. Code § 34-18-7-1 |
| Illinois | 2 yrs | 735 ILCS 5/13-212(a) |
| Kentucky | 1 yr | KRS 413.140(1)(e), (2) |
| Ohio | 1 yr | Ohio Rev. Code § 2305.113 |
| Michigan | 2 yrs | MCL § 600.5838a (medical-malpractice accrual/limitations); MCL § 600.5805(8) (2-year period) |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Indiana?
You have 2 years from the date of the alleged act, omission, or neglect, under Ind. Code § 34-18-7-1.
Can I still sue after 2 years in Indiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Indiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a government/public hospital require a tort-claim notice within 180 days (political subdivision) or 270 days (state) under the Indiana Tort Claims Act, Ind. Code § 34-13-3-8.
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Sources
- Official Indiana Code § 34-18-7-1 — Indiana General Assembly
- Corroborating 2025 Indiana Code § 34-18-7-1 Limitations period — Justia
- Corroborating Indiana Medical Malpractice Laws and Procedures — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Indiana attorney.