How Long Do You Have to File a Medical Malpractice Lawsuit in Indiana?
If you have suffered an injury due to the negligent or reckless acts of another person, the clock is ticking. That is to say, if you want to seek financial compensation from the wrongdoer, there is a time limit to actually file a personal injury lawsuit. This time limit is called the statute of limitations and it is strictly enforced by Indiana courts regardless of the merits of the underlying lawsuit.
Indiana Court of Appeals Rejects Wrongful Death Case Filed 16 Days Past Deadline
The statute of limitations for any given type of legal action is determined by the Indiana Legislature. For most personal injury cases, the limitation period is 2 years from the date the injury occurred. Similarly, if your personal injury claim is based on any type of medical malpractice, your deadline to file is normally 2 years from the date of said malpractice.
This 2-year deadline also applies in malpractice cases where the patient died. Even if it takes family members some time to learn about and investigate the potential wrongdoing, absent a few limited exceptions they must still file a lawsuit within 2 years of when the malpractice occurred. This applies to any claim against a health care provider “based upon professional services rendered.”
A recent decision from the Indiana Court of Appeals, Stringer v. Hammond-Whiting Care Center, illustrates just how strict this deadline is. In this case, a woman filed a wrongful death lawsuit against a number of Indiana health care providers, alleging they were negligent in causing the death of her brother. The brother resided at a care center operated by one of the defendants. On October 29, 2022, he presented with “breathing difficulty.” The crux of the sister’s lawsuit was that rather than call 911 to have her brother taken to a nearby hospital, the care center nurse called a private ambulance service, which took the victim to a hospital that was further away. The victim ultimately died of cardiac arrest.
Unfortunately, the sister waited too long to file her lawsuit. She filed on November 14, 2024, which was just a few weeks past the two-year statute of limitations deadline of October 29, 2024. This led an Indiana trial court to dismiss the lawsuit at summary judgment. The Court of Appeals subsequently affirmed that decision. As the Court of Appeals explained, it was “undisputed that the last contact the [defendants] had with [the victim] was on October 29, 2022.” There was therefore no legal doubt that the sister had two years from that date to take appropriate legal action.
Contact a Madisonville Medical Malpractice Lawyer Today
Time is often not on the side of victims and their families when it comes to personal injury cases. That is why you need to speak with a qualified Madisonville medical malpractice lawyer as soon as you have reason to believe something has gone wrong. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
scholar.google.com/scholar_case?case=2197596461392240038
