19Jun
Posted by Christina Catedrilla in

No Fees Unless We Recover

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.