Every medical malpractice case where negligent or improper treatment by a healthcare professional results in a patient’s injury has a time limit for filing a lawsuit, known as the statute of limitations. In Indiana, the statute of limitations for filing a medical malpractice lawsuit is two years from the date the malpractice occurred. That means you have exactly two years from the day you were injured to sue the health care professional or hospital, although there are exceptions.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in significant harm to a patient. This can happen through acts of negligence, including failing to act, taking the wrong action, or misdiagnosing a condition. Some of the most common examples of medical malpractice include:

Negligence is the common thread in all forms of medical malpractice, and the severity of that negligence often determines the potential compensation a patient may receive.

It’s important to note that not every injury in a medical setting qualifies as malpractice. For instance, if a patient slips on a wet hospital floor or is harmed due to unsafe conditions on the property, the case may fall under premises liability law rather than medical malpractice in Indiana.

Indiana’s Medical Malpractice Statute of Limitations

Indiana lawmakers establish the statutes that govern the time period an injured person has to file a lawsuit against a negligent party. Specific statutes govern medical malpractice cases, and this area of law can be complex.

It’s important to contact an attorney early. If a potential claim is reviewed too close to the end of the statute of limitations, an attorney may decline to investigate because medical malpractice cases often require substantial preliminary investigation, and there may not be enough time to pursue the claim.

General Rule

In general, an injured person has two years from the date the medical malpractice occurred to file a medical malpractice action in the appropriate venue.

Example:
If a patient goes to the emergency room on March 1 with severe chest pain, is discharged a few hours later, and dies at home on March 3 due to negligent treatment, the statute of limitations is two years from the date of malpractice — March 1, not from the date of death.

Medical Malpractice Review Panel

Under Indiana’s Medical Malpractice Act, certain cases must first be brought before a Medical Review Panel if the negligent healthcare provider is “qualified” under the Act.

A healthcare provider is considered “qualified” when the provider or their insurance company contributes to a state fund. If the provider is qualified:

The amount of compensation an injured person can recover may be capped, regardless of the severity of the harm.
The statute of limitations is tolled (paused) for 90 days after the plaintiff receives an opinion from the panel.

Since most healthcare providers today are considered ‘qualified,’ this process applies to the majority of medical malpractice claims.

Exceptions to Indiana’s Medical Malpractice Statute of Limitations

In Indiana, the general rule gives patients two years from the date of malpractice to file a medical malpractice claim. However, there are several important exceptions that can pause, extend, or modify this deadline depending on the circumstances. Because these rules can be complicated, it’s crucial to consult an experienced Indiana medical malpractice attorney as soon as you suspect malpractice.

1. Minors:

If a child under the age of six is the victim of medical negligence, Indiana law allows the parents or guardians to file a claim until the child’s 8th birthday. This extension recognizes that very young children may not be able to take legal action on their own. For children six years or older, the standard two-year limit from the date of malpractice still applies. Because timing is so important, parents should act quickly to ensure deadlines are met.

2. Discovery Rule / Patient Circumstances

Sometimes, a patient cannot reasonably know or discover that malpractice occurred within the standard two-year period. This is common in situations such as missed tumors, misread imaging studies, or other medical errors that do not become apparent immediately. If the malpractice is discovered after the two-year period has expired, the law may allow the statute of limitations to start from the date of discovery instead of the date of the original negligence. Indiana courts have also ruled that even a few months remaining on the statute may be sufficient to file a claim, emphasizing the importance of acting quickly once malpractice is suspected.

3. Doctrine of Continuing Wrong

When a healthcare provider’s negligent actions occur repeatedly over time and collectively cause harm, the statute of limitations begins from the last date of treatment. For example, if a family physician repeatedly misdiagnoses a patient over several years, the clock starts on the final date the patient was treated. This doctrine ensures that patients are not penalized simply because the negligent care occurred over a long period rather than in a single incident.

4. Active Fraudulent Concealment

Active fraudulent concealment occurs when a healthcare provider intentionally hides information from a patient to prevent them from discovering malpractice. In these cases, the statute of limitations does not start until the patient discovers or reasonably should have discovered the fraud. Once discovered, the patient must file a claim within a reasonable time, but this exception protects patients from being barred from filing due to deliberate deception.

5. Passive Fraudulent Concealment

Passive fraudulent concealment arises when a healthcare provider fails to disclose important facts as part of their duty to inform the patient. Unlike active concealment, this is not intentional deception but a breach of the doctor-patient relationship. The statute of limitations starts after the doctor-patient relationship ends, giving the patient a reasonable period to discover the malpractice and take legal action.

6. Foreign Objects

If a foreign object, such as a sponge, surgical instrument, or other medical device, is left inside a patient’s body, Indiana law provides a special rule. The statute of limitations may allow a lawsuit to be filed within a certain period after the patient discovers the object, rather than from the date of the surgery. This recognizes that such injuries are often hidden and may not be immediately apparent.

7. Continuous Treatment Doctrine

Under the continuous treatment doctrine, the statute of limitations does not begin to run while a patient is receiving ongoing treatment for the same condition from the same healthcare provider. For example, if a doctor is treating a chronic illness and provides care over months or years, the statute begins only after the treatment ends, ensuring that patients have the opportunity to fully understand the impact of their care before filing a claim.

8. Mental Incapacity

If a patient is legally mentally incapacitated, such as being unconscious or otherwise unable to understand or manage their affairs, the statute of limitations may be paused until the incapacity ends. This prevents patients from losing their right to sue simply because they were unable to act due to mental or cognitive limitations.

9. Wrongful Death

In cases where medical negligence results in a patient’s death, Indiana law may allow the statute of limitations to start on the date of death rather than the date of the medical error. This ensures that surviving family members or representatives have adequate time to bring a wrongful death claim, particularly in cases where the consequences of negligence may not have been immediately fatal.

10. Tolling for Medical Review Panel

For claims exceeding $15,000 or involving a qualified healthcare provider, Indiana law requires that the case go through a Medical Malpractice Review Panel before proceeding to court. During this panel review, the statute of limitations is paused (tolled) for 90 days after the plaintiff receives the panel’s opinion. Because most healthcare providers today are considered “qualified,” this exception applies to the majority of claims and ensures that patients have the time necessary to navigate the review process before filing a lawsuit.

Importance of Seeking Legal Advice Early

Medical malpractice cases in Indiana are complex and time-sensitive. Determining whether the statute of limitations applies, which exceptions might extend your filing window, and whether a Medical Review Panel is required can be difficult without expert guidance. Seeking legal advice early from Langer & Langer attorneys ensures that an experienced legal team can review your medical records, consult with medical experts, and determine whether you have a valid claim under Indiana malpractice laws. For cases involving brain injuries or serious medical negligence, acting promptly is critical to preserve evidence, meet deadlines, and protect your rights fully.

If you believe you were injured or hurt as a result of medical malpractice, please contact our Indiana medical malpractice attorneys. Call 219-246-4759 or contact us online to schedule a consultation.