Do you know the statute of limitations for medical malpractice?

On Behalf of | Jun 24, 2021 | Personal Injury

When you go to the hospital for a procedure, you trust that the physician performed the surgery perfectly. If the surgeon or a member of the surgical team made a mistake, you may experience severe complications. When medical malpractice occurs, you only have a certain amount of time to report these events.

According to the Indiana Department of Insurance, you have to report medical malpractice before the statute of limitations runs out. You usually have two years to file a complaint. This time span typically starts from the date of the medical procedure.

How to file a complaint

An official complaint is the first step in the medical malpractice process. You generally need to provide a written explanation of the situation. However, you do not need to include medical records. You should also include the date of the procedure. This helps officials to determine whether the incident is within the statute of limitations. Additionally, you have to pay a fee to file a complaint. Officials usually do not review a complaint until the Department of Insurance receives the fee.

When to take action

You may want to begin filing a complaint as soon as you realize that a medical procedure has caused complications. Once you file a complaint, the clock for the statute of limitations pauses. A medical review panel usually examines your situation and then offers an official opinion. After receiving this opinion, you have 90 days to decide how you want to proceed.

In some situations, you may be able to file a medical malpractice complaint after the statute of limitations has expired. Officials sometimes make an exception if you could not possibly have connected complications to a procedure within two years.