Filing a Medical Malpractice Complaint
A copy of the proposed complaint must be filed with the Department of Insurance (Commissioner). 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.
- Please make check or money order payable to IDOI.
We ask that the plaintiff, at the time of filing the proposed complaint, provide the Commissioner with sufficient copies of the complaint, an original plus three (3) copies per each defendant named.
- Provide a self-addressed, stamped envelope back to the person or the law firm filing the proposed/amended complaint for the return of copies.
- Do not send medical records with your complaint. Medical records received by the Department will be returned or destroyed.
- Provide an email address where we can send notifications with regards to the qualification status of the defendants.
- Mail check and complaint to Indiana Department of Insurance, 311 W. Washington Street, Suite 103, Indianapolis, IN 46204-2787.
For information or assistance with Medical Malpractice proposed complaint issues please 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.
Proposed Complaint Comments
- Full names, middle initials and suffixes of defendants must be in the defendant captions.
- The date of the alleged occurrence of malpractice should always be set forth in the complaint to allow the Commissioner to determine if the defendant was qualified under the Act for the occurrence alleged. County of venue should also be designated in the proposed complaint.
- Only those health care providers who have qualified under the provisions of the act are protected by its provisions.
- Provide addresses for the defendants via cover letter to help the PCF determine the correct provider if multiples are listed in our records.
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, along with determination of qualification letter will be sent if a self-addressed stamped envelope is provided for return back to the person or law firm filing the proposed/amended complaint. IDOI will no longer 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 provided in the determination of 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 illustrates the name and location of the doctor, the type of practice, the number of medical malpractice claims filed against them and their participation with panels. You can search the database in various ways, including by the health care provider's name.
Qualification Status of Health Care Providers
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, Dan Hennessey, at (317) 232-2401 or via email at email@example.com