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

By: LawInfo
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.

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