Updated August 23, 2020
A statute of limitations is the length of time you have to file a medical malpractice lawsuit against a healthcare provider. In the state of Indiana, the standard timeline for filing a medical malpractice suit is two years.
Typically in Indiana, the two-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.
Additionally, if the injured party was under six years of age at the time of malpractice, parents or guardians have until age eight to file a medical malpractice lawsuit. This holds true even for newborns who suffered from birth-related injuries.
Indiana law requires that those suing for more than $15,000 submit a proposed complaint to a medical 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 limitations 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.
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 two years of suing and the case tallies up to be worth more than $15,000, dropping the case and re-filing is an option. In this situation, the victim must follow through with the pre-suit requirements and submit the complaint to the medical review panel. An additional 180 days is offered to the victim if this is the route the choose to take.
Medical malpractice lawsuits are some of the most difficult lawsuits to win, as they’re time-consuming, costly, and littered with complications. If you need an extension, for example, it is a tough process to tackle alone.
If you or a loved one have been injured as a result of medical malpractice, you are urged to contact the attorneys of Wilson Kehoe Winingham. An experienced Indianapolis medical malpractice lawyer at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
Amendments to the statutes that control medical malpractice cases in Indiana have imposed some roadblocks to filing and prosecuting those cases. Nonetheless, a person who has suffered…
A recent court decision may put Indiana's stringent medical malpractice award limits to the test. The family of Debbie Plank was awarded $8.5 million against…
Medical malpractice and medical negligence are different but very much related in that medical malpractice is a kind of negligence. The distinction between the two…
Let WKW put our experience to work for you. Contact us for your free case evaluation.