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 ofminority or other legal disability, except as provided in subsection(c).
    (b) A claim, whether in contract or tort, may not be broughtagainst a health care provider based upon professional services orhealth care that was provided or that should have been providedunless the claim is filed within two (2) years after the date of thealleged 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), theapplicable limitations period is equal to the period that wouldotherwise apply to the patient under subsection (b) (orIC 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 incontract or tort, by a minor or other person under legal disabilityagainst a health care provider stemming from professional servicesor health care provided based on an alleged act, omission, or neglectthat occurred before July 1, 1975, shall be brought only within thelonger 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 applicablestatute of limitations to and including a period of ninety (90) daysfollowing the receipt of the opinion of the medical review panel bythe claimant.
    (b) A proposed complaint under IC 34-18-8 is considered filedwhen a copy of the proposed complaint is delivered or mailed byregistered or certified mail to the commissioner.
As added by P.L.1-1998, SEC.13.