What is the Indiana statute of limitations for medical malpractice?

Posted on Aug 11, 2022 by Conrad Saam

When a person or business does something that injures you or causes expensive damage to your property, you can hold them accountable. You may be able to file an insurance claim against the other party.

When your losses are extensive or when the other party doesn’t have the appropriate insurance in place, you can potentially take them to civil court. You trust that your doctor will act in your best interests and also understand current best practices for different treatments.

Unfortunately, medical malpractice is much more common than people realize, and it remains a leading cause of injury and death in the United States. If you need to bring a medical malpractice claim against a doctor who injured you or a facility that provided some standard care, you will need to initiate those proceedings in a timely manner or run the risk of losing your rights.

Indiana places strict limits on civil claims

There is a statute of limitations that applies to every injury case that occurs in Indiana. Individuals can only take legal action until the statute of limitation expires for their circumstances.  Generally, the statute of limitations is two years for medical malpractice claims however it can be extended under certain circumstances.  If you have any questions about how much time you have to file a lawsuit, you need to talk to a lawyer as soon as possible.  .

Typically, the statute begins counting down at the time of the occurrence. Rather than waiting until the statue will soon expire, you will better protect yourself by taking action long before you run the risk of losing your right to do so.

How a medical malpractice claim helps

Taking a doctor to court or negotiating a sizable insurance settlement after you received inadequate medical care is beneficial for several  different reasons.

The first is that it provides you with financial compensation for the medical expenses and other losses you suffered because of the malpractice incident. The second is that everyone, needs to be responsible for the harm they cause to someone else if that harm was caused by negligence.  It does not matter if you are a driver, a property owner or a doctor.  In addition, sometimes the only way you can change a doctor’s behavior is by filing a lawsuit to let them know what they did was wrong.  Filing a lawsuit can protect other patients.

Learning about the rules that govern Indiana medical malpractice claims will help you fight back after misconduct or negligence negatively affects the health care that you, and others, receive.