Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

Home English FAQs Medical Malpractice Indiana

Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, claims are barred unless notice is filed with the state within 270 days of the loss or with a political subdivision within 180 days of the loss. For these reasons, it is important to consult an attorney as early as possible to be sure you don`t miss a crucial deadline.

According to statute, a medical malpractice action for personal injury or death must be filed within two years from the date of the alleged act, omission, or neglect. A minor under the age of six has until his eighth birthday to file a lawsuit. Legal disability does not toll the medical malpractice statute of limitations.

Unlike most medical malpractice statutes of limitations, the Indiana law measured the limitations period from the time of treatment and not from the moment of reasonable discovery. The Indiana Supreme Court found the twoyear statute of limitations unconstitutional as it applied to a victim of undiagnosed breast cancer and held that it cannot be constitutionally applied in cases where the long latency period of a medical condition prevents the injured party from discovering the malpractice within two years. When this exception applies, the claimant may file within two years of the discovery of the malpractice and resulting injury; or when it reasonably should have been discovered.

Other Indiana Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Is The Patient Compensation Fund?
A: The Indiana Medical Malpractice Act establishes a Patient Compensation Fund that functions as a system of excess insurance for health care providers. A qualified … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. You can recover your actual economic losses … More