CHAPTER 7. STATUTE OF LIMITATIONS
IC 34-18-7
Chapter 7. Statute of Limitations
IC 34-18-7-1
Limitations period
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.
As added by P.L.1-1998, SEC.13.
IC 34-18-7-2
Time for filing claim; those under legal disability
Sec. 2. Notwithstanding IC 34-18-1-1, any claim, whether in
contract or tort, by a minor or other person under legal disability
against a health care provider stemming from professional services
or health care provided based on an alleged act, omission, or neglect
that occurred before July 1, 1975, shall be brought only within the
longer of the following:
(1) Two (2) years after July 1, 1975.
(2) The period described in section 1 of this chapter.
As added by P.L.1-1998, SEC.13.
IC 34-18-7-3
Tolling of statute of limitations; filing of proposed complaint
Sec. 3. (a) The filing of a proposed complaint tolls the applicable
statute of limitations to and including a period of ninety (90) days
following the receipt of the opinion of the medical review panel by
the claimant.
(b) A proposed complaint under IC 34-18-8 is considered filed
when a copy of the proposed complaint is delivered or mailed by
registered or certified mail to the commissioner.
As added by P.L.1-1998, SEC.13.