When pursuing a medical malpractice claim in Indiana, one of the most important factors to consider is the time limit, also known as the statute of limitations. This is the period within which you must file your claim after the alleged malpractice has occurred. If you miss this deadline, you risk losing your right to pursue compensation for your injuries. Understanding the statute of limitations for medical malpractice in Indiana is crucial to ensuring your case is heard.
Standard statute of limitations for medical malpractice
In Indiana, the general statute of limitations for filing a medical malpractice claim is two years from the date when the alleged malpractice occurred. This means you must initiate your claim within two years of the date of the negligent act, injury, or diagnosis. This rule applies to most cases, including those involving mistakes during surgery, misdiagnosis, prescription errors, or failure to obtain informed consent.
Indiana’s discovery rule
While the general rule is two years from the date of the alleged malpractice, Indiana also has a discovery rule that can extend the time limit in some situations. The discovery rule allows the clock to begin running from the date you discover or reasonably should have discovered that you were injured due to medical malpractice.
For example, if a doctor made a mistake during a procedure, but it wasn’t discovered until a few months later when your symptoms worsened, the two-year period would start on the date you discovered or should have discovered the error, not the date the mistake actually occurred.
What happens if you miss the deadline?
If you fail to file your medical malpractice claim within the applicable statute of limitations, the court will likely dismiss your case, even if you have a valid claim. This is why it’s critical to act quickly and consult an attorney as soon as possible after you believe you’ve faced medical malpractice.
