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In Indiana, the statute of limitations for bringing a legal malpractice claim is two (2) years. While there are certain exceptions to the two-year limitation period based on a client's discovery of the attorney's negligence, a delay in pursing your claim could result in loss of your right to file suit.
Indiana places strict limits on civil claims Generally, the statute of limitations is two years for medical malpractice claims however it can be extended under certain circumstances. If you have any questions about how much time you have to file a lawsuit, you need to talk to a lawyer as soon as possible. .
Medical malpractice damage caps are$1.8 million. Medical malpractice cases can have devastating consequences; thus, victims are often awarded high amounts. Still, to protect hospitals from going bankrupt and having to pay too much every time there is a lawsuit, Indiana has capped the damages at $1.8 million.
The form of Indiana House of Representatives bill 1460,' the genesis of the Indiana Medical Malpractice Act (the Act).
A copy of the proposed complaint must be filed with the Commissioner of the Department of Insurance. A proposed complaint is filed when a copy is delivered or mailed by registered or certified mail to the Department with the required filing and processing fees.
Indiana Code Ann. § 34-11-2-4 gives the victims of medical malpractice two years from the date when an incident of omission or negligence occurred in which to take action. Medical malpractice victims who fail to pursue damages before the statute of limitations has expired may be forfeiting their legal rights.
Indiana's Medical Malpractice Act states that for a medical malpractice lawsuit to be initiated, the case must first be reviewed by a medical review panel prior to the claim being filed in court. To begin the process, you must file a proposed medical malpractice complaint with the Indiana Department of Insurance.
Statute of Limitations No claim may be brought unless filed within two years from the date of the alleged malpractice except that a minor under the age of six has until his eight birthday to file.