Indiana Nursing Home Laws

Indiana Nursing Home Injury Law | Indiana Attorney

Nursing Home Negligence or Abuse

Statute of Limitations Ind. Code Ann. § 34-11-2-4

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • The limitations may be affected by the death of a claimant. Generally, a claim may be filed by the decedent's representative within 18 months after the date of death, regardless of the statute of limitations expiration. Ind. Code §34-11-7-1

Damages Cap Ind. Code Ann. §34-51-3-3

  • Punitive damages capped at three times compensatory damages or $50,000, whichever is greater.
  • Punitive damages cannot be awarded in the absence of compensatory damages.

Medical Malpractice

Statute of Limitations Ind. Code Ann. §34-18-7-1

  • Two years from the date of the act, omission, or neglect.

Damages Cap

  • For claims on or after July 1, 1999, the limit for each qualified provider is $250,000 and the total cap against all qualified providers is $1.25 million. Ind. Code Ann. §34-18-14-3
  • Punitive damages capped at three times compensatory damages or $50,000, whichever is greater. Ind. Code Ann. §34-51-3-3
  • Punitive damages cannot be awarded in the absence of compensatory damages.

Wrongful Death

Statute of Limitations Ind. Code Ann. §34-18-7-1

  • Two years from date of death.

Damages Cap Ind. Code Ann. §34-23-1-2

  • No punitive damages can be brought. Damages for lost love and companionship are capped at $300,000.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

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