Medical malpractice in Indiana
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Indiana fact pattern
Medical malpractice in indiana.
Statute of limitations
2 years
Ind. Code § 34-18-7-1
Two years from the alleged act, omission, or neglect. Indiana is an occurrence clock, not a discovery clock, in the usual adult file.
- A child under six has until the eighth birthday. A proposed complaint with the Department of Insurance is how most files start. That is procedure, not extra years.