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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption