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★ Indiana · medical negligence

Medical negligence settlements
in Indiana.

By Reviewed by Abd Shanti, Founder9 min read

Indiana splits malpractice payouts in two. The doctor or hospital pays up to its own limit, and the state Patient’s Compensation Fund pays the excess up to the overall cap. A 2012 Supreme Court case shows how that works after a death in an emergency.

Facts that decide a medical negligence claim in Indiana

Two part capFor the claim in Everhart the Act capped total recovery at $1,250,000, with the provider liable for the first $250,000 and the Patient’s Compensation Fund for excess damages. The limits depend on the date of the malpractice.Indiana Dept. of Insurance v. Everhart (Ind. 2012), citing Ind. Code § 34-18-14-3
Settlements and the FundThe Fund may set off what the injured party recovered from others, but no more than the provider could.Indiana Dept. of Insurance v. Everhart (Ind. 2012)
Loss of chanceWhere the patient had better than an even chance of survival with proper care, damages are not reduced by the lost percentage.Indiana Dept. of Insurance v. Everhart (Ind. 2012)
Deadline to sueAn action for injury to person “must be commenced within two (2) years after the cause of action accrues.”Ind. Code § 34-11-2-4, as quoted in Stone v. Wright (Ind. Ct. App. 2019)
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★ IN · reported medical negligence outcomes

What Indiana courts have awarded.

Real Indiana decisions and verdicts, each linked to the court record or official report.

  • Indiana Department of Insurance v. Everhart
    Indiana Supreme Court · 2012
    $1 million from the Patient’s Compensation Fund, affirmed

    James Everhart died after a cardiac arrest, and the parties disputed whether it happened in the ambulance or at the hospital. The family’s expert said he would have had an 80% chance of survival with proper care. The family settled with the doctor for a present value of $187,001 and sought excess damages from the Fund. The trial court found losses of at least $3.15 million and awarded the remaining $1 million of the cap; the Supreme Court affirmed.

★ IN · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Indiana.

  1. 1

    Settle with the provider first, then claim against the Fund. Everhart shows the two step structure: a settlement with the doctor, then a separate claim for excess damages.

  2. 2

    Survival odds matter. Because Everhart had an 80% chance with proper care, the court refused to cut the damages by the percentage lost.

  3. 3

    Check the cap for your date. The limits in the Act have changed over time, and the date of the malpractice decides which applies.

★ IN · statute of limitations
2 years from date of injury

Ind. Code § 34-11-2-4

★ IN · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ IN · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Indiana.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Indiana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Indiana · you are hereModified comparative, 51% bar2 years from date of injury—
IowaModified comparative, 51% bar2 years from date of injuryIA · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
MichiganModified comparative, 51% bar3 years from date of injuryMI · medical negligence →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · medical negligence →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · medical negligence →
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · medical negligence →
★ IN · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Indiana. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of IN
Indiana overview

Fault rule, statute, caps, and key facts for Indiana as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Indiana. See /methodology, /sources, and /disclaimer.