Indiana Code 34-18-7-1. Limitations period
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Sec. 1. (a) This section applies to all persons regardless of minority or other legal disability, except as provided in subsection (c).
(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.
(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.
Terms Used In Indiana Code 34-18-7-1
- Contract: A legal written agreement that becomes binding when signed.
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
[Pre-1998 Recodification Citation: 27-12-7-1.]
As added by P.L.1-1998, SEC.13.