Indiana Code
Ind. Code § 34-18-2-18 (2026)
"Malpractice"
✓ current as of May 2026
Sec. 18. "Malpractice" means a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.
[Pre-1998 Recodification Citation: 27-12-2-18.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in 46
cases (10 in the last 5 years), 1999–2026 · leading case: H.D. v. BHC Meadows Hosp., Inc., 884 N.E.2d 849 (Ind. Ct. App. 2008).
H.D. v. BHC Meadows Hosp., Inc., 884 N.E.2d 849 (Ind. Ct. App. 2008). “Further, “health care” is defined as “an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient’s medical care, treatment, or confinement.”
Preferred Prof'l Ins. Co., & Hills Ins. Co. Inc. v. Crystal West, William West, & Ind. Dept. of Ins., Patient's Comp. Fund, 23 N.E.3d 716 (Ind. Ct. App. 2014). “” Ind. Code § 34-18-2-18 . Health care is “an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient’s medical care, treatment, or confinement.”
B.R. ex rel. Todd v. State, 1 N.E.3d 708 (Ind. Ct. App. 2013). “" I.C. § 34-18-2-18. A "patient" is "an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged…”
Harris v. Raymond, 715 N.E.2d 388 (Ind. 1999). “A “health care provider” is defined to include “[a]n individual, a partnership, a limited liability company, a corporation, a professional corporation, a facility or an institution licensed or legally authorized by this state to provide health care or professional services as a…”
Shacare Terry v. Cmty. Health Network, Inc., 17 N.E.3d 389 (Ind. Ct. App. 2014). “” Ind.Code§ 34-18-2-18. 3 .Terry's theory that Community breached its duty by failing to report the possible rape to law enforcement derives from Indiana Code sections 12-10-3-2(a) and 12-10-3-9(a).”
Chamberlain v. Walpole, 822 N.E.2d 959 (Ind. 2005). “" I.C. § 34-18-2-18. The statute provides the procedure to assert such a claim.”
Elliott v. Rush Mem'l Hosp., 928 N.E.2d 634 (Ind. Ct. App. 2010). “" I.C. § 34-18-2-18. A "patient" is "an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged…”
Amy K. Metz, as Mother & Next Friend of Kiara K. Metz, an incapacitated minor v. Saint Joseph Reg'l Med. Ctr.-Plymouth Campus, Inc. (mem. dec.), 115 N.E.3d 489 (Ind. Ct. App. 2018). “" Ind. Code § 34-18-2-18 . "Health care" is "an act or treatment performed or furnished, or that should have been performed or furnished, by a health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement.”
Popovich v. Danielson, 896 N.E.2d 1196 (Ind. Ct. App. 2008). “” Ind.Code § 34-18-2-18. A patient is “an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged…”
Kuester v. Inman, 758 N.E.2d 96 (Ind. Ct. App. 2001). “" Ind.Code § 34-18-2-18. Similarly, the Act defines a patient as: *101 [Aln individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or…”
Peters v. Cummins Mental Health, Inc., 790 N.E.2d 572 (Ind. Ct. App. 2003). “Pursuant to Indiana Code Section 34-18-2-18, “malpractice” is a tort or breach of contract based on health care or professional services that were provided, or that should have been provided, by a health care provider, to a patient.”
Linda Martinez, as the Pers. Rep. of the Est. of Roy Martinez v. Oaklawn Psychiatric Ctr., 128 N.E.3d 549 (Ind. Ct. App. 2019). “" I.C. § 34-18-2-18. A "patient" is "an individual who receives or should have received health care from a health care provider, under a contract, express or implied, and includes a person having a claim of any kind, whether derivative or otherwise, as a result of alleged…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.