Ind. Code » Title 34
Indiana Code

Ind. Code § 34-11-2-3 (2025)

Professional services related actions

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 3. An action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have been rendered, may not be brought, commenced, or maintained, in any of the courts of Indiana against physicians, dentists, surgeons, hospitals, sanitariums, or others, unless the action is filed within two (2) years from the date of the act, omission, or neglect complained of.

[Pre-1998 Recodification Citation: 34-4-19-1.]

As added by P.L.1-1998, SEC.6.

 

Notes of Decisions
Cited in 26 cases (6 in the last 5 years), 1999–2026 · leading case: Kroger Co. v. Est. of Hinders, 773 N.E.2d 303 (Ind. Ct. App. 2002).
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Kroger Co. v. Est. of Hinders, 773 N.E.2d 303 (Ind. Ct. App. 2002). · cites it 28× “Ind.Code § 34-11-2-3 (1998). Kroger and Simacek argue that the “or others” part of this statute includes pharmacists and pharmacies.”
Est. of O'Neal ex rel. Pers. Rep. Newkirk v. Bethlehem Wood Nursing & Rehabilation Ctr., LLC, 878 N.E.2d 303 (Ind. Ct. App. 2007). · cites it 10× “Ind.Code § 34-11-2-3. The Estate argues the professional services statute of limitation does not apply because its wrongful death claim is not “based on professional services rendered or which should have been rendered.”
Overton v. Grillo, 896 N.E.2d 499 (Ind. 2008). · cites it 6× “See Ind. Code § 34-11-2-3 (2004). They also agree that precedents under the MMA are relevant to interpretation of the professional services statute of limitations, which substantially tracks the limitations language of the MMA.”
Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999). · cites it 4× “[6] Prior to 1941, the general two-year discovery-based limitations period for injuries to persons set out in Indiana Code section 34-1-2-2(1) (1998) applied to medical malpractice claims as well as other tort actions.”
Lewis v. Rex Metal Craft, Inc., 831 N.E.2d 812 (Ind. Ct. App. 2005). · cites it 4× “Code §§ 34-11-2-1, -2 (employment actions "must be brought within" two years); Ind.Code § 34-11-2-3 (professional service related actions may not be brought unless within two years); Ind.”
Myers v. Deets, 968 N.E.2d 299 (Ind. Ct. App. 2012). · cites it 4× “See Ind.Code § 34-11-2-3. In his memorandum in opposition to summary judgment, Myers argued that while a claim for legal malpractice was barred by the statute of limitations, he was making a claim for fraud, which has a six-year statute of limitations.”
Newkirk v. Bethlehem Woods Nursing & Rehab. Ctr., LLC, 898 N.E.2d 299 (Ind. 2008). · cites it 4× “Bethlehem moved for summary judgment, arguing that the Estate’s action was barred by the requirement to bring an action for medical malpractice within two years of the alleged act or omission. The trial court agreed and granted Bethlehem’s motion.”
Eads v. Cmty. Hosp., 932 N.E.2d 1239 (Ind. 2010). “§§ 34-11-2-3, 34-11-2-4, 34-18-7-1. The Superior Court's dismissal of Eads's original action for lack of subject matter jurisdiction was a "fail[ure] in the action" under the JAS.”
Hayes v. Westminster Vill. North, Inc., 953 N.E.2d 114 (Ind. Ct. App. 2011). · cites it 2× “” Ind.Code § 34-11-2-3 (1998). 2 Furthermore, where, as here, a wrongful death claim is based on medical malpractice, the claim “must be filed by the personal representative within two years of the occurrence of the malpractice.”
Carlson v. Sweeney, Dabagia, Donoghue, Thorne, Janes & Pagos, 868 N.E.2d 4 (Ind. Ct. App. 2007). · cites it 2× “2004), tram, denied; Ind.Code § 34-11-2-3. These causes of action are subject to the “discovery rule,” under which the statute of limitations begins to run when the plaintiff knows or should have discovered using ordinary diligence, that an injury has occurred due to his or her…”
Hodge v. Johnson, 852 N.E.2d 650 (Ind. Ct. App. 2006). · cites it 2× “Ind.Code § 34-11-2-3 requires a medical malpractice action be filed within two years of the act, omission, or neglect.”
Est. of Wilson v. Steward, 937 N.E.2d 826 (Ind. Ct. App. 2010). · cites it 2× “Code §§ 34-11-21, -2 {employment actions "must be brought within" two years); Ind.Code § 34-11-2-3 (professional service related actions may not be brought unless within two years); Ind.”
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