Posted in: Nov 09,2021|
Medical malpractice doesn’t always fall into a tidy timeline, where each case is just like the next. First, there is often the question of whether medical malpractice has occurred. This requires knowledge of both the facts of the case and the specifics of medical malpractice law. And there might also be a question of the value or utility of filing a claim to the affected patient. If you have a case, does the potential settlement merit your time and effort? This requires introspection on your part and consultation with a medical malpractice attorney. However, there are time limitations, so additionally, you should ask your attorney, “How long do I have to sue for medical malpractice in Indiana?”
Spoiler alert: The short answer is two years. The statute of limitations for medical malpractice in Indiana is straightforward with only a few exclusions. It is as follows:
- 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 other 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.
The exceptions that are mentioned include cases where the medical malpractice continues over an extended period of time. “Tolling” of the statute simply means that when you file the complaint, that running 2-year timeline has paused and would only restart 90 days after the medical review panel has rendered their opinion on your case.
As you dig into the details of how to file a medical malpractice case, you’ll see there are complexities that make it unique in the legal sphere. State law dictates a process be followed, medical review panels are established for each case, and mandated maximums for settlements are defined in the state’s medical malpractice act. The need for experienced legal counsel is essential. Look for a medical malpractice attorney who will provide a thorough records review, is steeped in knowledge of the Indiana Medical Malpractice Act and has a network of physician consultants ready to contribute to the success of your case.