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Pre-Existing Conditions and Workers’ Comp
When a doctor’s mistake results in injuries or death, they or their family may consider filing a medical malpractice claim against the healthcare professional.
Filing a medical malpractice claim in Indiana follows a specific process and has time restrictions.
How long does a patient have to file a medical malpractice claim?
In Indiana, a person can file a malpractice suit up to two years after the date of injury or death. One exception to this rule is that children younger than six have until their eighth birthday to file.
The state requires that all cases seeking damages above $15,000 go through a medical review board before moving forward in court. The two-year statute of limitations is when a plaintiff must file the claim with the Commissioner of the Department of Insurance that oversees the medical review board.
What does the medical review board do?
Once the plaintiff has requested a review board, they must gather all the evidence for their case. Both the plaintiff and the defendant submit medical documents, transcripts of interviews and names of witnesses to the board. After meeting, the panel has 180 days to determine whether the defense or the plaintiff has a stronger case.
What happens after the board makes a decision?
After the board renders their decision, the plaintiff has 90 days to file a lawsuit with the court. If the case goes to trial, either side can submit the review board’s final report, but it cannot be the only evidence of guilt.
By being aware of the deadlines and filing requirements for medical malpractice lawsuits in Indiana, plaintiffs can file before time runs out.