Submitting a Complaint
Filing a proposed complaint initiates a medical malpractice claim against the named health care providers. The Indiana Department of Insurance cannot make legal or medical determinations and cannot provide legal advice.
A copy of the proposed complaint must be filed with the Indiana Department of Insurance Commissioner. A proposed complaint is filed when a copy is delivered to the Department with the required filing and processing fees. If sent by registered or certified mail, or through another trackable delivery method, the proposed complaint will be considered filed on the date of the postmark. If an insufficient filing fee is submitted, the proposed/amended complaint will not be processed and served until the appropriate fees are received.
A filing fee of $5 for the first defendant and a $2 processing fee for each additional defendant must accompany all proposed complaints and amended proposed complaints. Make checks or money orders payable to the Indiana Department of Insurance.
Full names, middle initials, and suffixes of defendants must be in the defendant captions.
The start and end dates of the alleged occurrence of malpractice must be set forth in the complaint to allow the Commissioner to determine if the defendant was qualified under the Act for the alleged occurrence.
The proposed complaint must be signed by the plaintiff or plaintiff’s attorney.
The county of venue should be designated in the proposed complaint.
Provide addresses for the defendants via cover letter to assist in identifying the correct provider if multiple providers with the same name are listed in the Department’s records and to serve providers who are not qualified.
Provide one original complaint, one copy to be returned to the filer, and two (2) copies for each defendant named. Staple each copy.
Provide a self-addressed, stamped envelope for the person or the law firm filing the complaint for returned copies. If an envelope is not provided, copies will not be returned.
Do not send medical records with the complaint. Medical records received by the Department will be destroyed.
Do not send discovery with the complaint. Effective January 22, 2025, the Department will no longer serve discovery included with the complaint.
Provide an email address or telephone number where the plaintiff or their attorney can be contacted if there are any questions.
Mail check and complaint to:
Medical Malpractice Division
Indiana Department of Insurance,
311 W. Washington Street, Suite 103
Indianapolis, IN 46204
If additional space is needed, you may write “See Attached” and provide the information on a separate page to be included as part of the proposed complaint.
For information or assistance regarding proposed complaints contact:
Debra Ashman
Medical Malpractice Complaints
Dashman@idoi.in.gov
317-232-5253
Statute of Limitations
- No claim may be brought unless filed within two years from the date of the alleged malpractice except that a minor under the age of six has until their eighth birthday to file. Some exceptions exist.
- Filing a proposed complaint tolls the applicable statute of limitations to and including a period of 90 days following receipt of the opinion of the medical review panel by the claimant.
Commissioner Serves Defendant with Notice
The Commissioner forwards a copy of the proposed complaint to:
- Each health care provider named as a defendant.
- Each defendant's insurer(s), if known.
The Department does not provide copies of cover letters to the defendant(s) and insurer(s) as these documents may be obtained from the PCF database at the link provided in the qualification letter.
Physician Records
The Patient's Compensation Fund ("PCF") database is a listing of physicians and other health care providers participating in the PCF and recorded information regarding medical malpractice complaints. The list includes the name and address of the health care provider, their specialty, the number of medical malpractice complaints filed against them, and their participation on medical review panels. The database can be searched in various ways, including by the health care provider's name.
Access the database and look up physicians
Qualification Status of Health Care Providers
Only those health care providers who have qualified under the provisions of the Medical Malpractice Act are protected by its provisions. Individuals may access the PCF database at the above link.
Any questions or concerns regarding proposed complaints can be sent to PCFClaims@idoi.IN.gov or call 317-232-5253.