Which statement about Indiana medical malpractice statutes is most accurate?

• A. The statutes allow unlimited time to sue for malpractice.
• B. A certificate of merit must be filed with every complaint.
• C. A medical review panel determines the merit of claims before filing.
• D. Claims must be filed within a limited period after injury, typically with a discovery rule.

Answer: (D)

The main idea being tested is that medical malpractice claims in Indiana are governed by a statute of limitations with a discovery rule. In Indiana, you must file a malpractice action within a limited time frame, and this clock is often tied to when the injury is discovered or should have been discovered. Practically, you typically have two years from the date you discovered (or should have discovered) the malpractice to sue, but you cannot sue more than five years after the actual act or omission. This structure balances letting plaintiffs pursue legitimate claims with preventing stale claims from dragging on indefinitely, and there are certain tolling provisions (for minors, incompetents, etc.) that can extend the window in specific situations. While other procedural elements exist in Indiana’s malpractice framework (such as merit certifications or pre-suit panels), the most accurate description of the statute itself is this defined, limited filing window with a discovery rule.