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Jul 28, 2023 · Medical malpractice, as defined under the Indiana Medical Malpractice Act, is a legal concept that arises when a healthcare provider, such as a doctor, nurse, or medical institution, deviates from the accepted standards of practice in the medical community, leading to patient harm or injury. This deviation can occur in various aspects of patient care, including diagnosis, treatment, aftercare ...
- Defining The Date of “Occurrence” of Malpractice
- Triggering The Limitations Period
- Application of Law to Facts
As noted above, in some circumstances, such as where the physician operates on the wrong limb, the date of the occurrence of malpractice is obvious. However, where the care at issue is not confined to a single act or physician-patient encounter, the date of occurrence may not be as obvious. Indiana appellate courts have held that in situations wher...
The length of time within which a claim must be filed after a “trigger date” varies with the circumstances: 1. A patient whose trigger date is more than two years after the occurrence of malpractice may institute a claim for relief within two years of the trigger date. 2. If a trigger date is within two years of the date of malpractice, the patient...
Putting the law into context, below are brief summaries of various factual scenarios presented to and considered by Indiana appellate courts in determining whether a proposed complaint was timely filed under Indiana’s occurrence based statute of limitations. This article is not intended to be an exhaustive review and analysis of case law in which I...
Feb 16, 2022 · Indiana has a special statute of limitations for medical malpractice cases. The medical malpractice statute of limitations in Indiana is two years from the date of the injury. If the injured patient was a child under the age of six, the lawsuit may be filed any time before the child’s eighth birthday. However, there are no additional ...
Indiana Law: The Statute. The Indiana medical malpractice statute of limitations is found at I.C. § 34-18-7-1 (b). This section of the law states, in part: There are some situations under which the two-year time limit may be legally extended, and it is important to speak with an Indiana medical malpractice lawyer at once if you have concerns ...
Discuss Your Medical Malpractice Lawsuit with Wruck Paupore for Free. When you pick up the phone and dial (219) 322-1166 today, you can get access to a free initial case assessment, courtesy of one of the many seasoned Indiana medical malpractice attorneys at Wruck Paupore. Answers in as little as 3 minutes.
The law in Indiana places a set time period for which a medical malpractice claim may be filed. When it comes to medical malpractice claims, most cases settle out of court prior to the case advancing to the trial stage of litigation. Indiana’s Medical Malpractice Act caps the amount of damages that you may be awarded.
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What is a medical review panel in Indiana medical malpractice cases? Medical review panels consist of one (1) attorney chairperson (who does not vote) and three (3) healthcare providers chosen by the parties. Ind. Code §§ 34-18-10-3 to 10-10.
