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Statute of Limitations to File a Medical Malpractice Suit

by Andrew Mounier on June 23, 2013

If you’ve ever dealt with any legal situation, you’ve probably heard the term statute of limitations. This is the statute that defines how long you have to act in a given situation involving the courts. If you’re working with a medical malpractice attorney, they’ll make sure to file your claim before this statute expires. The statute of limitations is a bit more complex than you might think and it involves more than just a given time frame in which you must file.

 

The Basics

According to the Indiana Department of Insurance, the statute of limitations is as follows.

 

If you have a general malpractice claim, you have 2 years to file it. This two years starts at the time that the malpractice was allegedly committed. For instance, if you had a nightmare situation like having the wrong leg amputated, the statute of limitations would start ticking from the time that the procedure was performed.

 

The exception is if there is a minor less than six years old involved. If this is the case, the family has until the child’s 8th birthday to file their complaint. There are some other exceptions that may be invoked, as well, but these will be on a case-by-case basis and you’ll need to talk to a malpractice attorney to get the details on exceptions.

 

What Does This Mean?

Essentially, the statute of limitations means that you need to talk to an attorney quickly if you want to file a claim against a doctor or other healthcare provider. If you let the statute of limitations expire, there is really nothing more that can be done, unless your situation happens to be one of those rare cases that qualify for an exception to this rule.

 

Consulting with an attorney will usually be free, so there’s no reason to delay in this regard. There are specific requirements involved for them to file a complaint, so anticipate that they will need some lead time to put everything together in a way that is acceptable to the courts. This is why you want to make sure you give them enough time to handle your claim properly and that starts by getting in touch with them as soon as possible,

 

There is a medical review process involved, so you’ll have to take this into account, as well. Your attorney will clarify all of this to you.

 

What If you’re Not Sure?

If you’re not sure whether or not medical malpractice played a part in any injuries you suffered, you should contact an attorney right away. They can at least sit down with you, get you information and make sure that you know whether or not it would make sense for you to go forward with a claim.

Andrew Mounier
Andrew Miller (Mounier) is an experienced Content Engineer and Author. He has worked in marketing for over a decade and finds his passion in bringing concepts to life for the world to enjoy. He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors.
Andrew Mounier
Andrew Mounier

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