Understanding the time limits for medical malpractice cases in Indiana can help you avoid missing crucial deadlines. These time limits dictate how long you have to file a lawsuit after an act of malpractice. Unfortunately, failing to comply with them could mean missing the opportunity to receive compensation for the damages you have experienced.
In Indiana, the general statute of limitations for medical malpractice claims is two years from when the event occurred. This means that if you believe you have been a victim of medical negligence, you must file your claim within this two-year window. Still, there are exceptions to this rule.
Exceptions for minors and discovery rule
For minors under the age of six, Indiana law allows more flexibility. If the malpractice occurred before the child’s sixth birthday, the child has until their eighth birthday to file a claim. This exception provides additional time to protect the rights of young victims.
Moreover, the statute of limitations may be extended when the injury resulting from malpractice is not visible immediately. This is known as the “discovery rule.” Under this rule, the two-year period begins when the injury is discovered or should have been discovered, rather than when the malpractice occurred. This is essential in cases where symptoms or consequences of the malpractice emerge gradually.
The role of the medical review panel
Before filing a lawsuit in Indiana, a medical review panel must review most medical malpractice claims. This panel, composed of three healthcare professionals and one attorney, evaluates the evidence to determine whether there is a reasonable basis for the claim. Filing a proposed complaint with the Indiana Department of Insurance initiates this process.
Once you receive the panel’s opinion, you have 90 days to file your lawsuit in court. This step is mandatory unless you fall under specific exceptions. These can include seeking damages of less than $15,000 or having a written agreement with the defendant to bypass the panel.
Filing a complaint
When filing a complaint, you must provide detailed information. This includes the full names and addresses of the defendants, the date of the alleged malpractice, and the county where it occurred. Accompany your complaint with the required filing fees and ensure all documents are correctly prepared before submitting.
Facing the legal landscape of medical malpractice in Indiana requires awareness of the time-sensitive nature of these claims. The statute of limitations, while it is usually set at two years, has exceptions that can affect your case. Still, engaging with a knowledgeable attorney can ensure your claim is filed correctly and within the appropriate time limit.