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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.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.