When considering making a claim of medical negligence, you need to know if a state law sets a strict limit on the amount of time you have to file a lawsuit after you have suffered some kind of harm or loss—in other words, a statute of limitations. This means that a medical malpractice victim has a window of time during which he or she can file a claim after the date when the healthcare provider allegedly committed the medical error.
Generally, an injured patient only has two (2) years from the date of malpractice in Indiana.
An experienced Indiana medical malpractice attorney, however, should know if the state has exceptions to this rule, such as claims involving children. A victim of medical malpractice under the age of six generally has until the child’s eighth birthday to file a claim in Indiana. Another exception comes into play, in Indiana, if the victim has no symptoms at first and, because of the circumstances, could not discover the medical negligence within the general two-year time limitation.
If your claim is filed after the general 2-year statute of limitations deadline in Indiana, then the court will generally dismiss your claim with no recourse unless you meet the requirements of a special exception.
Investigating your state’s statute of limitations for your potential claim can be challenging, which is another reason why having a trusted and knowledgeable attorney is important. The personal injury attorneys at Langer & Langer have handled all kinds of medical malpractice claims throughout Indiana. If you have further questions about Indiana’s medical malpractice laws and their statutes of limitations, feel free to contact our offices.