Need
Information or Legal Representation?
Call Us. 888.922.2889
Free Call. Free Consultation. |
|
|
|
|
|
|
|
Indiana Medical Malpractice Act - Chapter 7
|
IC 34-18-7
Chapter 7.
Statute of
Limitations
IC 34-18-7-1
Limitations
period
Sec. 1.
(a) This section
applies to all
persons
regardless of
minority or
other legal
disability,
except as
provided in
subsection (c).
(b) A claim,
whether in
contract or
tort, may not be
brought against
a health care
provider based
upon
professional
services or
health care that
was provided or
that should have
been provided
unless the claim
is filed within
two (2) years
after the date
of the alleged
act, omission,
or neglect,
except that a
minor less than
six (6) years of
age has until
the minor's
eighth birthday
to file.
(c) If a
patient meets
the criteria
stated in
IC 34-18-8-6(c),
the applicable
limitations
period is equal
to the period
that would
otherwise apply
to the patient
under subsection
(b) (or
IC 27-12-7-1(b)
before its
repeal) plus one
hundred eighty
(180) days.
As added by
P.L.1-1998,
SEC.13.
IC 34-18-7-2
Time for
filing claim;
those under
legal disability
Sec. 2.
Notwithstanding
IC 34-18-1-1,
any claim,
whether in
contract or
tort, by a minor
or other person
under legal
disability
against a health
care provider
stemming from
professional
services or
health care
provided based
on an alleged
act, omission,
or neglect that
occurred before
July 1, 1975,
shall be brought
only within the
longer of the
following:
(1) Two
(2) years after
July 1, 1975.
(2) The
period described
in section 1 of
this chapter.
As added by
P.L.1-1998,
SEC.13.
IC 34-18-7-3
Tolling of
statute of
limitations;
filing of
proposed
complaint
Sec. 3.
(a) The filing
of a proposed
complaint tolls
the applicable
statute of
limitations to
and including a
period of ninety
(90) days
following the
receipt of the
opinion of the
medical review
panel by the
claimant.
(b) A
proposed
complaint under
IC 34-18-8 is
considered filed
when a copy of
the proposed
complaint is
delivered or
mailed by
registered or
certified mail
to the
commissioner.
As added by
P.L.1-1998,
SEC.13.
Note:
Anyone
who believes they may have a medical
malpractice claim should immediately consult
an attorney with experience in handling such
cases. As with many areas of the law,
medical malpractice law in Indiana is very
complex and contains numerous caveats and
peculiarities. One should not attempt to
interpret or apply the law to one's case
without the consultation of a medical
malpractice lawyer. Given that various
time limitations may apply, it is highly
advisable to consult such an attorney
without delay, in order to avoid having a
potential claim barred.
For more information, or for
a free attorney consultation with The
Powless Law Firm,
click here, or call toll-free:
(888)922-2889.
This page
was last updated on 8/8/05. It is
highly advisable to undertake an independent
review of the current statute to ensure that
no legislative changes have been adopted
since such time.
|
|
|
Free
Attorney Consultation
|
|
|
