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How Long Do I Have to File a Medical Malpractice Case in Indiana?

If you suffered injuries or other losses due to medical negligence, the clock is already ticking. You have a limited amount of time to pursue damages from the doctor who harmed you. If you wait too long, you may lose your chance to recover damages for your injuries. But that raises the question, how long do you have to file a medical malpractice case in Indiana?

How Long Do I Have?

In Indiana, the statute of limitations for filing a medical malpractice claim is typically two years from the date of the injury. If you wait longer than that, you may be unable to pursue the damages you were entitled to. However, some circumstances can extend your time to file a claim, so be sure to consult an attorney about your case, even if it has been more than two years.

Keep in mind that your case doesn’t have to be finished within two years; you only need to file a case with the courts by that time. It’s better to file your claim as early as possible as medical malpractice cases tend to be complex, and your attorneys need some time to gather documentation, complete paperwork and file the case with the courts.

Exceptions to the Rule

If you recently learned your injuries are the result of medical negligence that occurred more than two years ago, don’t panic. There are some exceptions that could extend the time you have to file a medical malpractice case.

The first is based on the discovery of malpractice. If a doctor made a surgical error or your current physician discovers a condition exacerbated by medical negligence, you have extra time. In these cases where you weren’t aware you had the right to pursue damages, the statute of limitations typically does not start until you discover the injury.

There’s another exception, unique to Indiana, for those pursuing more than $15,000 in damages. When you pursue a large claim, you must send a complaint to a Medical Review Panel. Once you do this, your statute of limitations is paused or “tolled,” usually for 90 days.”

Keep in mind, however, that each case is different. If you suffered injuries because of medical negligence and you’re not sure how long you have to file a claim, the best thing you can do is contact your local medical malpractice attorney for a free consultation.

If you or someone you love experienced medical malpractice, you may have a case. If you’d like to schedule a free case consultation with an experienced Northwest Indiana medical malpractice attorney who cares, please don’t hesitate to give us a call at (219) 212-2462 so we can discuss your options.