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Medical Malpractice Statute of Limitations: The Basics in Indiana

August 14, 2016 Medical Malpractice

medical-malpractice-statute-of-limitA statute of limitation is the length of time you have to hire an attorney to file a medical malpractice lawsuit against a healthcare provider. In Indiana, the standard timeline for filing a medical malpractice suit is two years.

Indiana Time Limits and Exceptions for Medical Malpractice Claims

Typically in Indiana, the 2-year clock starts ticking the day the alleged malpractice occurred. However, exceptions do exist. For example, if an injured party was unaware of malpractice or did not show symptoms of injury until a later date, the deadline may be extended. That individual is required to show objective, foolproof evidence that there were no circumstances in which they could have discovered negligent or substandard care or showed symptoms of injury before the deadline was reached.

Pre-Suit Requirements in Indiana

Indiana law requires that those suing for more than $15,000 submits a proposed complaint to the Medical Malpractice Review Panel. The Medical Review Panel is a court-affiliated group consisting of one attorney and three healthcare providers who review most of the medical malpractice cases in the state of Indiana.

In these cases, the two-year statute of limitation is delayed for 90 days after an official opinion from the panel is released. While not required, their seal of approval is helpful. Without it, the possibility of a case proceeding to court lessens.

Submitting a Complaint to Court in Indiana

For plaintiffs suing for less than $15,000, there are no pre-suit requirements. The victim can hire an attorney, submit the initial complaint to the court, and begin all other aspects of the legal process as long as it’s within the two-year timeline.

If it’s within the first 2 years of suing and the case tallies up to be worth more than $15,000, dropping the case and re-filing is an option. Now, the victim must follow through with the pre-suit requirements and submit the complaint to the Medical Malpractice Review Panel. An additional 180 days is offered to the victim if this is the route the choose to take.

If the injured party was under 6 years of age at the time of malpractice, parents or guardians have until age 8 to file a medical malpractice lawsuit. This holds true even for newborns who suffered from birth-related injuries.

Should You Hire an Indianapolis Medical Malpractice Attorney?

Before making any moves, consider hiring a medical malpractice attorney. Medical malpractice lawsuits are some of the most difficult lawsuits to win, as they’re time consuming, costly, and littered with complications. If an extension is ever needed, for example, it might be a tough process to tackle alone. The medical malpractice attorneys at Wilson Kehoe Winingham are available online or by phone at 317-920 6400 to set up a free case evaluation.

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