Statute of Limitations
- 2 years with Discovery Rule. (IC §34-11-2-4)
- Medical malpractice – 2 years from act or omission subject to certain statutory exceptions. Minors under age six have until age eight. (IC §34-18-7-1; IC §34-18-7-2, IC §34-11-2-3)
Damages Cap
- Medical malpractice caps: Claims prior to January 1, 1990, amount recoverable against a single provider is capped at $100,000, and the total amount recovered against all providers and the Patient Compensation Fund is capped at $500,000. As of January 1, 1990, the maximum recoverable from providers and the Fund was increased to $750,000. As of July 1, 1999, the limit for each provider is $250,000, and the total cap on damages against all qualified providers and the Fund is $1,250,000. (IC §34-18-14-3)
- Punitive damages – capped at three times the amount of compensatory damages or $50,000, whichever is greater. (IC 34-51-3-3)
Statute of Limitations
- 2 years from date of death. (IC §34-18-7-1)
Damages Cap
- No punitive damages for actions brought under wrongful death statute. Damages for lost love and companionship from wrongful death of adult person is limited to $300,000. (IC §34-23-1-2)
- Adult Protective Services – (IC §12-10-3)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
