The Indiana medical malpractice statute of limitations is very strict and people continue to blow it because they do not comply to a T.
Over the last couple of weeks I received a couple of phone call from folks who claimed to be injured by medical malpractice. Initially, after their injuries, they called some lawyers office and were shooed away or the lawyer didn't even acknowledge their calls. They both became disheartened and decided to tend to the medical condition and put their potential cases on the back burner. As time went on, their family or friends told them they should not let the matter go and they had to file an action with the Indiana Department of Insurance to preserve their legal rights.
Indiana Medical Malpractice Statute of Limitations is Two Years
In Indiana, a medical malpractice claim must be filed within 2 years of the occurrence (the malpractice). Both these callers put the proposed complaint in the mail on the two year anniversary of the alleged medical malpractice. The proposed complaints did not get to the Indiana Department of Insurance until after the expiration of the statute of limitations. These folks believed that they timely filed their complaints and I had to give them the bad news that the law requires the proposed complaint to be sent by registered or certified mail.
The Law regarding the Statute of Limitations
The Indiana Department of Insurance on its website states as follows:
A proposed complaint is filed when a copy is delivered or mailed by registered or certified mail to the Department with the required filing and processing fees.
We constantly learn in life and what are the lessons that we can learn from these missteps? First, if you believe that you've been injured by medical malpractice don't just call one or two lawyers and give up. Pursuing a medical malpractice case is difficult and a lot of attorneys do not handle these matters because of the complexity. Second, medical malpractice law is complex. If you are going to file a complaint on your own, read the rules of the Indiana Department of Insurance website and follow them to the T.
If you would like more information about an Indiana medical malpractice claim, fill out the internet consultation form and ask for a free copy of my book: A Patients Guide to Indiana Medical Malpractice Claims.
photo attribution: www.madison.k12.wi.us/calendars