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Laporte Indiana Medical Malpractice Lawyer|How Long Do You Have to File a Claim?

Guy DiMartino Nov. 4, 2014

LaPorte Indiana medical malpractice lawyer discusses the two-year statute of limitations for medical malpractice actions.

I received a phone call from a person the other day inquiring about a potential Northwest Indiana medical malpractice case. I asked her the basic questions and on first blush it appeared that she may have a case. However, the caller told me that the malpractice happened about 2 1/2 years ago. I asked the caller, why did she wait so long to contact somebody about her claim? She told me that she spoke with a friend of hers who was a lawyer in another state and he told her that she just learned of the malpractice so she had time to file the claim.

I told the caller that I was sorry and I could not help her. You may ask why? Because (219) 874-4878iana has two years from the date of the malpractice to file a claim. In legal terms, Indiana has a two year occurrence based statute of limitations.

The medical malpractice statute of limitations is set out in Indiana Code 34-11-2-3, which says: Are there ways to get around the two year statute of limitations? Yes, under certain circumstances a person injured by medical malpractice can have a longer time to file a claim. A few examples are:

  • If the malpractice happened to child under two, the statute of limitations will expire at the child's eighth birthday.

  • Depending on the medical condition and the allegation of malpractice an injured person may have longer than two years.

  • Depending on the healthcare providers actions, the injured person may have longer than two years. For instance, if the doctor or hospital concealed the malpractice.

Indiana medical malpractice law if complex. If you think that you have been injured by a doctor's or hospital's negligence, you should consult with an experienced Northwest Indiana medical malpractice attorney immediately. It doesn't mean that you have hire the attorney immediately but you should at least get educated. The last thing that I would want to do with a person who has been severely injured by medical malpractice or the family of a person who died because of medical malpractice is tell them that they would have had a claim if they sought legal advice sooner.

If you have any questions regarding a potential medical malpractice claim contact our office.