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Navigating Indiana’s Statute of Limitations for Medical Malpractice

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Medical malpractice claims can be daunting, not only due to the intricate nature of the medical procedures involved but also the legal complexities that abound. Particularly in Indiana, understanding the statute of limitations for these claims is imperative. This blog will help guide you through the labyrinth of Indiana’s specific rules and timelines related to medical malpractice claims.

Our goal is to arm you with the knowledge necessary to protect your rights and navigate the legal waters with confidence. Whether you are a patient who feels they’ve been wronged or a medical malpractice lawyer seeking clarity, stick with us to unravel the nuances of Indiana’s statute of limitations for medical malpractice.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis
Call 317-881-2700 to Speak With a Medical Malpractice Lawyer Near Indianapolis

Statute of Limitations Definition

Before delving into Indiana’s specifics, let’s first understand the term ‘statute of limitations.’ Simply put, it is a legal time limit within which you can file a lawsuit. Every state has its own set of rules and timelines for different types of cases, including medical malpractice claims. These laws are in place to ensure that cases are brought forward in a timely manner, and evidence is still fresh and obtainable.

Indiana’s Statute of Limitations for Medical Malpractice Claims

In Indiana, the statute of limitations for medical malpractice claims is normally two years from the date the alleged malpractice occurred. This means you have two years to file a lawsuit against the healthcare provider responsible for your injuries. However, there are exceptions to this rule that could extend or shorten the time limit.

Exceptions to Indiana’s Two-Year Rule

Discovery Rule: If you discover the medical malpractice after the two-year deadline has passed, you may still have a case. The discovery rule applies in situations where the injury was not discovered immediately but rather, later on when symptoms arise. In these cases, the two-year clock starts ticking from the date you discovered or reasonably should have discovered the malpractice.

Continuous Treatment: If you were undergoing continuous medical treatment from the same healthcare provider for your initial injury, the statute of limitations may be extended to three years from the last date of treatment. This exception can also apply if the continuous treatment was for a related condition or injury.

Minor Children: In personal injury cases involving minor children, the statute of limitations does not begin until the child turns 6 years old. So, if your child was injured due to medical malpractice at the age of 2, you normally have until they turn 8 to file a lawsuit.

Foreign Objects: If a foreign object (such as a surgical sponge) is left inside a patient’s body during surgery, the statute of limitations does not start until the object is discovered or should have been discovered.

Statute of Repose

In addition to the two-year and exception rules, Indiana also has a statute of repose that could impact your medical malpractice claim. The statute of repose sets an absolute deadline for filing a lawsuit, regardless of any exceptions. In Indiana, the statute of repose for medical malpractice claims is seven years from the date of the alleged malpractice, but every case needs to be looked at individually.

Why It’s Important to Adhere to Indiana’s Statute of Limitations

Failing to adhere to Indiana’s statute of limitations can result in your case being dismissed without ever being heard. This means you may lose your right to seek compensation for your injuries and damages. It is essential to consult with a medical malpractice lawyer as soon as possible if you believe you have a case.

Key Takeaway

Navigating Indiana’s statute of limitations for medical malpractice claims can be challenging, but understanding the rules is crucial. The key takeaway is that the deadline to file a lawsuit is typically two years from the date of the alleged malpractice, but exceptions may apply. To ensure your rights are protected and you have the best chance at a successful outcome, it’s crucial to seek legal advice as soon as possible.

Don’t let Indiana’s statute of limitations be a roadblock in your pursuit of justice for medical malpractice. Choose the Law Firm of Craven, Hoover, and Blazek P.C. for expert personal injury representation for medical malpractice claims in Indianapolis, Indiana. Contact us at 317-881-2700 to schedule a free initial consultation with a seasoned accident attorney who can provide all the information you need to move forward from your injury. We represent injured victims throughout Indiana, including Indiana residents injured or killed in other states.

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Is a Misdiagnosis Considered Medical Malpractice?
What to Expect from a Medical Malpractice Lawsuit in Indiana
Do I Have a Valid Medical Malpractice Claim?

What to Expect from a Medical Malpractice Lawsuit in Indiana

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If you have been injured due to medical negligence in Indiana, you may be considering filing a medical malpractice lawsuit. Medical malpractice occurs when a health care provider fails to provide proper treatment or advice that results in harm to the patient. If this has happened to you, it is important to know what steps are involved in filing and pursuing a medical malpractice claim.

In this blog post, we will discuss what you can expect from a medical malpractice lawsuit in Indiana. We will cover topics such as the statute of limitations for filing a claim, how liability is determined, and potential damages that can be awarded after your case has been heard by the court. Knowing these details ahead of time can help ensure that your legal rights are protected throughout the process and increase your chances of obtaining full and fair compensation for any injuries sustained due to someone else’s negligence.

Call 317-881-2700 to Speak With a Medical Malpractice Lawyer in Indianapolis.
Call 317-881-2700 to Speak With a Medical Malpractice Lawyer in Indianapolis.

Personal Injury Lawsuit Process for Victims of Medical Malpractice in Indiana

Hiring a Medical Malpractice Attorney

The first step in filing a medical malpractice lawsuit is to retain an experienced personal injury medical malpractice lawyer. Your lawyer will be able to review your case and determine whether or not you have a valid claim against the health care provider or medical facility that you believe was negligent. It is important to note that each state has its own statute of limitations for filing such claims, so it is important that you file as soon as possible after discovering any harm caused by medical negligence. In Indiana, the statute of limitations requires that a medical malpractice lawsuit must be filed within two years of when the incident occurred or two years from when the injury should have reasonably been discovered.

Documenting a Medical Malpractice Case

Once it is determined that you do have a valid claim against the health care provider or medical facility, your lawyer will begin to document your case. This will involve collecting evidence of the negligence and determining who can be held liable for the harm caused. Generally speaking, any health care provider or medical facility that was responsible for providing treatment or advice that resulted in injury is considered negligent and may be held financially responsible for damages resulting from the incident.

Proving Negligence

In addition to establishing liability in a medical malpractice case, personal injury attorneys must also prove that the defendant’s negligence caused you harm. This includes demonstrating that there is a link between the negligent act and the injury sustained by the patient. If liability is established successfully and it is determined that negligence did cause you harm, then you may be entitled to receive compensation for any damages that you incurred as a result of the incident. This may include medical expenses, lost wages, pain and suffering, or even punitive damages if there is evidence that the defendant acted with willful disregard for your safety.

Talk to a Medical Malpractice Lawyer for Personalized Advice

Filing a medical malpractice lawsuit in Indiana can be a complicated process because usually you must go through a  medical panel review process prior to filing a lawsuit but it is important to remember that you do not have to go through it alone. An experienced medical malpractice lawyer can help you understand your legal rights and provide guidance throughout the entire process. If you believe that you were injured due to negligence on the part of a health care provider or medical facility, then do not hesitate to contact an accident attorney in Indianapolis as soon as possible. They can help ensure that your case is handled properly from start to finish and help maximize the amount of compensation that you can receive for any harm caused by medical negligence.

With all the complexities inherent in filing and pursuing a medical malpractice claim, it is important to know what to expect going into it. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced medical malpractice lawyer in Indianapolis, Indiana. We provide contingency-fee representation, so you don’t pay anything unless we successfully secure a settlement or verdict on your behalf.

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Frequently Asked Questions About Medical Malpractice Claim

Frequently Asked Questions About Medical Malpractice Claims

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Medical malpractice claims are one of the most complex. Before you begin the process of pursuing a medical malpractice claim, it is important to obtain a general understanding of the Indiana state laws surrounding medical malpractice, liability, and related content. The best place to start is by contacting an experienced Indiana personal injury law firm that can provide trusted legal counseling for your unique medical malpractice case.

In the intervening time, continue reading to review some frequently asked questions and answers about medical malpractice claims.

Indiana Medical Malpractice Lawyers 317-881-2700
Indiana Medical Malpractice Lawyers 317-881-2700

🏥 Do I Have a Medical Malpractice Case?

This is by far one of the most common questions asked by those who feel victimized by a hospital or medical community. As mentioned, medical malpractice cases are highly complex, and furthermore, differ in great detail among victims. In order to understand the strength of your case, you will need to consult with a licensed medical malpractice attorney who can provide a professional case evaluation. Most law firms do not charge a fee for initial consultations. 

🏥 How Long Does a Medical Malpractice Case Take?

The complexity of medical malpractice claims, combined with the infinite details and circumstances of each individual case, make it difficult to predict an exact time line. On average, most claims are settled or resolved with 6 months to a year; however, they can also take several years or more depending on the opposing parties and various other factors.

🏥 How Much Does a Medical Malpractice Attorney Charge?

There are several different types of fee arrangements and rates attorneys charge for their services. Some law firms will use just one type of billing method, while another might use multiple in combination. Most personal injury law firms use a contingency-fee business model. A contingent payment arrangement works by not charging clients any retainers or upfront lawyer fees, but later collecting a percentage of the settlement recover for them. Personal injury claims are complex and vary from case to case, so the percentage collected upon judgment will vary among lawsuits.

🏥 What is the Indiana Statute of Limitations for Medical Malpractice Claims?

In Indiana, a victim has two years from the date the healthcare provider committed an act of negligence that led to injuries to a patient. Statute of limitations for medical malpractice claims do not start when the malpractice is discovered, but in some rare cases, it can. Talk to your personal injury attorney for details regarding when you can make a medical malpractice claim.

🏥 Is Nursing Home Abuse Medical Malpractice?

Nursing home abuse cases are separate from medical malpractice cases, except in the case that the resident was receiving medical care in addition to standard nursing home care. See our blog, “FAQS Regarding Nursing Home Abuse and Neglect” to learn some information about such cases.

🏥 How Do I Win My Medical Malpractice Case?

There are numerous factors that contribute to the success or failure of a medical malpractice case. Such factors include the experience and proficiency of your legal team, the extent of your injuries and damages, and the strength of evidence you have against the opposing parties that proves their negligence. The stronger the evidence of negligence, the stronger the chances of winning a settlement. Your first step to getting off on the right track with making a medical malpractice claim is to contact a seasoned and reputable Indianapolis medical malpractice lawyer who you can trust for professional legal guidance.

Indianapolis Medical Malpractice Lawyers

Indianapolis Personal Injury Lawyers 317-881-2700

If you believe you or your loved one is a victim of medical malpractice in Indiana, contact the Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation. Our Indianapolis medical malpractice lawyers are ready, willing and able to help you recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your free consultation, today.

Information for Victims of Head Injuries and Brain Trauma

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According the Centers for Disease Control and Prevention (CDC), more than one million people become victims of head injuries or brain trauma in the United States each year. Many unfortunate events can lead to a traumatic head or brain injury, but the most common causes include motor vehicle collisions, slip and fall accidents, assault and battery, and workplace accidents. All of these accidents involve some sort of blunt force trauma to the head or skull. Depending on the circumstance, the head can shake or whip, causing the brain to collide with the inner skull, or it can suffer fractures, lesions internal bleeding, and more.

Head Injury Lawyers 317-881-2700

Head Injury Lawyers 317-881-2700

Head and Brain Trauma

Head injuries are extremely serious, and can often lead to a long and difficult medical recovery. The problem with head injuries, however, is that they do not always appear serious at first. Sometimes, a person can suffer a head injury, but not display any indications of brain trauma. In these cases, it is still vital to seek medical care to ensure there is no underlying internal bleeding or brain injury. It is possible to have an accident and suffer head trauma, but not show signs of injury for days or even weeks later. And by that time, it can be too late to treat. One of the most common causes of death as a result of a head injury is a person believing they are fine, when in fact, their brain is seriously injured.

A common head injury phenomenon is called “talk and die” syndrome. This is when a person seems normal after an accident involving head trauma, even speaking and carrying on with their daily routines, but then dies a few days later from internal bleeding in the brain. This is one example of how head injuries can play tricks on people. No matter how minor you think your head injury is, always seek professional medical care afterwards to ensure there is no internal damage.

Common Signs of Brain Trauma Include:

• Unconsciousness
• Vomiting
• Dizziness
• Slurred Speech
• Extreme Fatigue
• Migraines/Headaches
• Mental Confusion
• Extreme Mood Changes
• Dilated Pupils
• Bruising
• Difficulty Walking
• And More

It is possible for brain injuries to get worse with improper medical treatment. For example, it is common for brain injuries to be misdiagnosed or not diagnosed at all. And if the injury goes untreated, a patient can die. If negligent medical care is rendered for a patient suffering from brain trauma, they deserve justice. If you or a loved one recently suffered a head injury that was not properly treated by medical professionals, it is critical to retain the services of an experienced medical malpractice lawyer. They have the knowledge and resources to protect your rights as a victim, or as the family of a victim, and recover compensation for your damages and losses.

Medical Malpractice Law Services

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 if you believe you or a loved one is a victim of medical malpractice in Indianapolis, Indiana. Personal injury attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have decades of trial and litigation experience, and can recover the full and fair compensation you and your family deserves after suffering from negligent medical care. We offer free initial consultations and never charge lawyer fees unless we recover compensation for you! Call 317-881-2700 to schedule an appointment today with one of our experienced medical malpractice lawyers in Indianapolis, IN.

Understanding Medical Consents

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Anytime a patient is preparing to undergo a medical procedure, surgery, or treatment, the state will require medical consent. In the case that a hospital or doctor fails to obtain proper medical consent from either the patient or their conservator, a medical malpractice lawsuit might be valid. Most states require written medical consent, however, verbal and informed medical consent are necessary as well.

Whether that be a verbal, “yes, I agree” or a nod of the head, a doctor should obtain all forms of consent before moving forward with treatment or surgery. It is a doctor’s responsibility to provide sufficient information regarding a possible medical procedure or treatment. If a patient is not adequately informed or given incorrect information about a proposed procedure, and injury occurs during treatment, they could have a medical malpractice case.

Defining Consent

Basically, consent is when a doctor explains a medical procedure or treatment, and a patient agrees to have it done. As mentioned, patient consent can be verbal, or an act of consent, like nodding the head; but many states have medical consent laws that require written compliance on record. On the other hand, a written consent is not sufficient enough for most doctors, and an informed consent is sought after as well by medical authorities.

Informed consent is when the doctor or medical authorities fully explain and define the medical treatment or procedure in question. This includes the name and credentials of the doctor performing or supervising the treatment, as well as, the patient’s medical condition, the intent or purpose of the treatment, the potential risks and side effects of the treatment, potential alternatives for treatment, the likelihood of the treatment being successful, the expected recovery time, the associated costs of treatment, and how much of the cost is covered by insurance.

At this time, it is the patient’s right and responsibility to ask all the pertinent questions and concerns they have regarding the medical treatment or procedure. Patients also reserve the right to think things over and discuss their concerns with friends and family.

Once a patient has consented to a certain medical surgery or treatment plan, the doctor cannot go outside that consent unless it is a matter of health during an operation or procedure. In the case that a doctor goes beyond what was originally consented, or performs an additional treatment that was not agreed to, a patient can sue under their state’s medical malpractice statutes.

Medical Malpractice Lawyers

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to file a medical malpractice claim in Indianapolis, Indiana. Attorney, Daniel Craven, and the team of licensed personal injury lawyers, are eager to answer your questions about a potential personal injury or medical malpractice accident. We offer free initial consultations to discuss your case and we never collect lawyer fees unless we win your settlement.

Medical Malpractice and Surgical Error Lawsuits

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Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Surgery is meant to improve or enhance a patient’s quality of health, life, and well-being. But what happens when a surgery isn’t necessary, and worse, causes injury or suffering to a person? This could possibly be an example of a medical malpractice case depending on the circumstances. It is rare and difficult to prove a medical malpractice case because not all surgeries are guaranteed, protecting doctors and hospitals from becoming targets of malpractice lawsuits.

On the other end of the spectrum, medical malpractice is a real thing and can happen to anyone. A common question about malpractice claims regards the extent of which a surgery was actually needed or necessary. Many patients of “unnecessary surgeries” are wondering if they have a valid claim against their doctors, surgeons, and medical organizations; especially if their surgery caused them extensive pain, suffering, and other damages, or went wrong in some way or another. Continue reading to learn a few brief facts about medical malpractice law and more.

Medical Malpractice Surgery

More than 40 million surgeries are performed each year. With numbers like these, there has to be a fraction of surgeries that have caused patients’ injuries or death. And although millions of operations are undergone year after year, not all of them are actually necessary. In fact, nearly half of all surgeries are not “necessary.” Many are cosmetic, voluntary, requested, and more. And many others are fully disclosed as tentative or trial operations to see if they can improve or enhance a person’s life and health. This is especially true for people with cancer, chronic health conditions, and orthopedic restrictions and complications.

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

Since surgery comes with certain risks, patients take on a certain degree of personal responsibility in opting or agreeing to it. This protects doctors and hospitals from medical malpractice lawsuits so long as they did their part one hundred percent accurate and correct. If a surgery causes complications like blood clotting, damage to organs, hemorrhaging, or other exemplary risks, a lawsuit will not hold up in court. This is because the surgery causes these damages, not the negligence of the doctor, surgeon, or hospital. On the other hand, if a doctor or surgeon uses the wrong instrument, or makes a surgical error, (like removing the right kidney instead of the left), then a patient will most likely have a valid and strong medical malpractice claim.

Malpractice law is very tedious and complicated, which is why it is strongly encouraged to seek professional legal counsel from a licensed and experienced personal injury lawyer. They retain the knowledge and facts to answer all your questions and make you feel comfortable moving forward with a claim. Trust an accident attorney for all aspects of your medical malpractice case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about medical malpractice in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek can answer all your questions about malpractice lawsuits, surgical errors, personal injury claims, and more. We offer free initial consultations never charge attorney fees unless we prevail for you. Call 317-881-2700 and speak with an Indianapolis personal injury lawyer, today.

Is an Unfortunate Medical Outcome Necessarily Medical Malpractice?

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Medical Malpractice Lawyers 317-881-2700

Medical Malpractice Lawyers 317-881-2700

Medicine and medical care is, without a doubt, one of the most delicate and complicated industries. No matter how proficient or well-versed a physician or surgeon may be, it is inevitable that at some point in their career, they will experience at least once unsuccessful treatment or medical case. All doctors and superintendents in the medical field are well-aware that not all cases can be successful or treated; and the law comprehends this notion as well.

This protects hospitals and physicians from medical malpractice lawsuits in the case of a tragic and unfortunate medical outcome. If a patient perishes or becomes more ill from a particular treatment or illness, it is not always immediately connected to medical malpractice.

Medical Malpractice Lawsuits

When it comes to a medical malpractice lawsuit, courts and lawyers work diligently, using a methodical approach, to investigate the circumstances of a patient’s treatment, illness, or death. It is their jobs to distinguish the difference between an unexpected or inevitable misfortune, and actual medical malpractice. There are standards of care in the wider medical community, and these standards are how the law identifies medicine malpractice cases. So if doctors or personnel fail to meet these standards and a tragedy occurs, then malpractice may be at play. In this case, families may be entitled to compensation for wrongful death and medical malpractice, and encouraged to pursue a lawsuit.

When it comes to medical mistakes or surgical errors, these cases are rarely cut and dry. In order to accurately assess and investigate the underlying circumstances and causes of such errors, families need a skilled and seasoned Indianapolis medical malpractice attorney to evaluate their case.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to schedule a free initial consultation with a licensed and highly accomplished medical malpractice lawyer in Indianapolis, Indiana. Attorney Daniel Craven, and his fellow colleagues, are extensively well-versed in medicine malpractice law and will work fervently to recover the compensation your family deserves after suffering a loss or wrongful death. We provide all-inclusive customer support and never collect lawyer fees unless we obtain compensation for you. Call 317-881-2700 for more information about filing a medical malpractice lawsuit in
Indianapolis, IN today.