You generally have two years from the date of the medical error that caused your injury in which to file a malpractice claim.
For medical errors involving children under the age of 6, the child’s parent or guardian has until the child’s 8th birthday to file a claim. In some rare cases, a court may allow a lawsuit to be filed after the deadline if the patient could not reasonably discover the malpractice before the statute of limitations had passed. However, a determination as to whether the statute of limitations has passed is very fact sensitive and must be analyzed on a case-by-case basis.
In the case of a wrongful death caused by medical malpractice, Indiana law allows the victim’s family two years from the date of the alleged medical error or neglect to file a claim.