Indiana Medical Malpractice Statute of Limitations

In some situations, a medical professional does not provide the care that is expected or that meets the standards of the medical community as a whole.  It may be in the areas of incorrect or missing prescriptions, incorrect care, or failure to provide care for an illness or injury.  If such negligence results in additional injury to the patient, the patient has the right to file a medical malpractice claim against that healthcare provider for medical costs and/or compensation for pain and suffering in their state.  It is important to note, however, that such suits must be filed within the statute of limitations in the state in which the malpractice occurred.  The length of the time limit varies by state, but in Indiana, the statute of limitations for filing most malpractice suits is 2 years.

Time Limits for Filing a Claim in Indiana

In the state of Indiana, a patient injured through the negligence of a healthcare provider has 2 years from the date of the injury to file a malpractice suit.  In the victim is a minor under 6 years of age, the claim must be filed on or before the child’s 8^th birthday.  For older minors, the 2-year statute of limitations begins running on the minor’s 18^th birthday.  If the medical malpractice injury leads to a wrongful death, the family has 2 years from the date of death to file suit.

Negligence Laws

There are additional negligence laws in the state of Indiana that apply to medical malpractice suits, as well.  A medical professional who is working without compensation at a free clinic or health care facility cannot be charged with medical malpractice for injuries that occur there.  In addition, either party in a malpractice suit can request a medical panel to review the case and have that review qualify as expert testimony as long as the panel contains at least 2 members who are practicing physicians in the same specialty as the defendant.  The findings of the panel are admissible in court.  For other negligence laws concerning medical malpractice cases, please refer to the table below.

Award Limits in Indiana

Indiana’s medical malpractice laws place a limit on damages that can be awarded in negligence lawsuits.  There is a cap of $250,000 per healthcare provider, with a total limit of $1.25 million.  In addition, Indiana maintains a patient compensation fund that pays medical malpractice awards between $250,000 and $1.25 million.  For any damages paid from that patient compensation fund, attorneys’ fees are limited to 15%.

Legal Help

Between time limits for filing medical malpractice claims, to caps on damage awards, not to mention the numerous requirements for expert witnesses, solid evidence, court filings and motions, and more, a medical malpractice case is a complex legal procedure.  Few laymen would be able to fulfill all of those requirements without the assistance of an attorney experienced in malpractice cases.  There are many to choose from, and even though the cost is high, the reward may be greater as a result of pursuing a winning case.