Every medical malpractice case, in which improper or negligent treatment of a patient by a health care professional results in the patient’s injury, has a time limit known as a “statute of limitations.” In Indiana, the statute of limitations for filing a medical malpractice lawsuit is two years. That means you have exactly two years from the day you were injured to sue the health care professional or hospital, although there are exceptions.
What Constitutes Medical Malpractice?
The act of medical malpractice varies: it could be failing to act, taking the wrong action or misdiagnosing, so long as it ends in significant harm to a patient. A few of the most common examples include:
- Delayed Diagnosis
- Childbirth Injuries
- Medication Errors
- Anesthesia Errors
- Surgery Errors
A theme you will find in all forms of medical malpractice is negligence, which comes in many forms and different types of severity. Depending on how bad the negligence is, that will determine how much you can possibly win in compensation.
Statute of Limitations Exceptions
One exception to the statute of limitations in Indiana is if the plaintiff is suing for more than $15,000. In this scenario, Indiana law requires that the plaintiff(s) submit a Proposed Complaint to a Medical Malpractice Review Panel before the case can proceed to court. Indiana law states that the statute of limitations is “tolled,” which means the clock stops running, for 90 days after the plaintiff receives an opinion from the panel.
Another exception to the general rule may arise if the patient did not know they were harmed by the medical malpractice until a later date. In that situation, the deadline may be extended if the patient can prove that the injury was not or could not have been discovered right away.
If you believe you were injured or hurt as the result of medical malpractice, please contact our Indiana medical malpractice attorneys at Langer & Langer. Call 219-246-4759 or contact us online to schedule a consultation.