Filing a Medical Malpractice Complaint
A copy of the proposed complaint must be filed with the Commissioner of the Department of Insurance. A proposed complaint is filed when a copy is delivered or mailed by registered or certified mail to the Department with the required filing and processing fees. If an insufficient filing fee is submitted, the proposed/amended complaint will not be considered filed until the date the appropriate fees are received.
A filing fee of $5 for the first defendant and $2 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 date of the alleged occurrence of malpractice must always be set forth in the complaint to allow the Commissioner to determine if the defendant was qualified under the Act for the alleged occurrence.
County of venue should be designated in the proposed complaint.
Provide addresses for the defendants via cover letter to identify the correct provider if multiple providers with the same name are listed in the Department’s records.
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.
Do not send medical records with the complaint. Medical records received by the Department will be destroyed.
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:
Patient’s Compensation Fund
Indiana Department of Insurance,
311 W. Washington Street, Suite 103
Indianapolis, IN 46204
For information or assistance regarding filing a proposed complaint contact:
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 his eight birthday to file. Some exceptions exist.
- Filing of 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.
A filed-stamped copy of the proposed complaint and a qualification letter will be returned if a self-addressed stamped envelope is provided. The Department does not provide copies of the cover letters sent to the defendant(s) and insurer(s) as these documents may be obtained from the PCF database at the link that will be included in the qualification letter.
The Patient's Compensation Fund ("PCF") database is a listing of physicians participating in the PCF and recorded information regarding medical malpractice suits. The list includes the name and location of the doctor, the type of practice, the number of medical malpractice claims 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.
Qualification Status of Health Care Providers
Only those health care providers who have qualified under the provisions of the act are protected by its provisions. Individuals may determine the qualification status of a health care provider by accessing the PCF database at the above link and viewing health care provider's policy information. Any questions or concerns regarding procedures can be sent to Director of Dedicated Funds, Mary Wilson, at (317) 232-5065 or via email at mwilson2@idoi.IN.gov.
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