Indiana Code
Ind. Code § 34-18-7-1 (2026)
Limitations period
✓ current as of May 2026
Sec. 1. (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c).
(b) A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor's eighth birthday to file.
(c) If a patient meets the criteria stated in IC 34-18-8-6(c), the applicable limitations period is equal to the period that would otherwise apply to the patient under subsection (b) (or IC 27-12-7-1(b) before its repeal) plus one hundred eighty (180) days.
[Pre-1998 Recodification Citation: 27-12-7-1.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in 86
cases (10 in the last 5 years), 1999–2025 · leading case: Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999).
Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999). “Martin requested review by the Medical Review Panel pursuant to Indiana's Medical Malpractice Act, specifically, Indiana Code section 34-18-7-1 (1998) (repealing section 27-12-8-4 (1993)).”
Van Dusen v. Stotts, 712 N.E.2d 491 (Ind. 1999). “This case and two other eases currently pending before this Court address the constitutionality of the two-year medical malpractice statute of limitations contained in Indiana Code section 34-18-7-1 (b) (1998) (repealing section 27-12-7-l(b) (1993)).”
Theresa Biedron v. Anonymous Physician 1, 106 N.E.3d 1079 (Ind. Ct. App. 2018). “See Ind. Code §§ 34-18-7-1 (medical malpractice tort claim may not be brought unless filed within two years after date of alleged malpractice) and 34-23-1-1 (wrongful death claim shall be commenced by personal representative of decedent within two years of date of death); see…”
Ellenwine v. Fairley, 846 N.E.2d 657 (Ind. 2006). “Ind.Code § 34-18-7-1(b) (2004). The trial court agreed and granted the motion.”
Anonymous Physician & Anonymous Med. Grp. v. Richard Loucks Rogers, 20 N.E.3d 192 (Ind. Ct. App. 2014). “Rogers does not disagree that the last procedure occurred on January 7, 2009, but argues that the doctrine of continuing wrong applies, because Physician engaged in an entire course of negligent conduct from August 2006 through at least March 6, 2009, the day Rogers’s allergy…”
McGill v. Ling, 801 N.E.2d 678 (Ind. Ct. App. 2004). “See Ind.Code § 34-18-7-1(b). In Hines v. Elkhart General Hosp.”
Herron v. Anigbo, 897 N.E.2d 444 (Ind. 2008). “Ind.Code § 34-18-7-1(b) (2004). In this respect it differs dramatically from the usual statute of limitations which leaves the period to assert a claim open for a fixed number of years after the claim accrues, which often requires that it be discovered.”
Booth v. Wiley, 839 N.E.2d 1168 (Ind. 2005). “Ind.Code § 34-18-7-1(b). Because this statutory time limit begins to run upon the occurrence of the alleged malpractice, without regard to the date of actual or constructive discovery of injury or malpractice by a person sustaining harm, literal application of the statute has…”
Garneau v. Bush, 838 N.E.2d 1134 (Ind. Ct. App. 2005). “Ind.Code § 34-18-7-1(b) (1999). This occurrence-based statute of limitations has been upheld as constitutional on its face under the Indiana Constitution, Article I, Sections 12 and 28, but has also been held to be unconstitutional as applied in certain circumstances.”
Hopster v. Burgeson, 750 N.E.2d 841 (Ind. Ct. App. 2001). “In this summary judgment motion, these defendants argued that Donald's Proposed Complaint was not timely filed under the two year medical malpractice statute of limitations, Ind. Code § 34-18-7-1 (b). Specifically, these physicians allege that they last provided medical care to…”
Shah v. Harris, 758 N.E.2d 953 (Ind. Ct. App. 2001). “In some instances, this question will be subject to resolution on the basis of undisputed facts, as in the case before us. In other instances, the judge will be required to resolve disputed facts through pre-trial motion practice in order to determine the date upon which the…”
Mary Alice Manley, & Gary Manley v. Ryan J. Sherer, M.D., & Sherer Fam. Med., P.C., 992 N.E.2d 670 (Ind. 2013). “Ind.Code § 34-18-7-1(b). The defendants claim that the last possible alleged act of malpractice occurred on November 21, 2006, when Ms.”
Ind. Code § 34-18-7-1(b): 40 cases
Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999). “Martin requested review by the Medical Review Panel pursuant to Indiana's Medical Malpractice Act, specifically, Indiana Code section 34-18-7-1 (1998) (repealing section 27-12-8-4 (1993)).”
Van Dusen v. Stotts, 712 N.E.2d 491 (Ind. 1999). “This case and two other eases currently pending before this Court address the constitutionality of the two-year medical malpractice statute of limitations contained in Indiana Code section 34-18-7-1 (b) (1998) (repealing section 27-12-7-l(b) (1993)).”
Ellenwine v. Fairley, 846 N.E.2d 657 (Ind. 2006). “Ind.Code § 34-18-7-1(b) (2004). The trial court agreed and granted the motion.”
McGill v. Ling, 801 N.E.2d 678 (Ind. Ct. App. 2004). “See Ind.Code § 34-18-7-1(b). In Hines v. Elkhart General Hosp.”
Herron v. Anigbo, 897 N.E.2d 444 (Ind. 2008). “Ind.Code § 34-18-7-1(b) (2004). In this respect it differs dramatically from the usual statute of limitations which leaves the period to assert a claim open for a fixed number of years after the claim accrues, which often requires that it be discovered.”
Ind. Code § 34-18-7-1(c): 1 case
Dermatology Assocs., P.C. & Sonya Campbell Johnson, M.D. v. Elizabeth C. White v. Comm'r of Indiana Dep't of Ins., & Douglas J. Hill, Esq., Med. Review Panel Chair, 67 N.E.3d 1173 (Ind. Ct. App. 2017).
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.