How much time do you have to file a medical malpractice suit?

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How much time do you have to file a medical malpractice suit?

My boss had an operation hysterectomy and they cut her bladder. Also, the medication may have been too strong when they put her under and nhe now has a shaking problem.

Asked on January 13, 2017 under Malpractice Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Indiana has a two year statute of limitations for filing a complaint in a medical malpractice case.  This means the complaint must be filed prior to the two year anniversary of the date the malpractice occurred.
Prior to filing a lawsuit, the complaint has to be filed with the Indiana Department of Insurance which will evaluate it.  The complaint is evaluated by a medical review panel of three physicians.  After the panel issues its report, you can proceed with the case in court.  The panel's report is admissible in court, but not conclusive.  Panel members can be called as experts.
 


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