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Statute of limitations for filing a malpractice claim

Sometimes the human body can seem like a mystery. When illnesses go around, some people catch it, and others do not. Some treatments work on certain people; others are allergic or do not respond at all. When you leave the doctor’s office, sometimes you start to feel better, and sometimes your illness can get worse.

It can be challenging to know when your symptoms are because of a doctor’s error or because of your body’s response to treatment. Unfortunately, there are limits to filing a medical malpractice claim in Indiana.

Here’s what you should know about the statute of limitations for filing a malpractice claim against your Indiana doctor.

What is the limit for a claim?

In most cases, the statute of limitations for a medical malpractice claim is two years, in Indiana. The time starts on the date that the malpractice occurred (not the day you discovered the injury).

Why are there limits?

It can be frustrating to discover that your doctor made a mistake that is interfering with your recovery from an injury or illness, only to find out that it is too late to make a claim that would hold your doctor responsible.

Doctors work on a lot of patients, and while they may have notes about their interactions with you, the more time between the date of the injury and the date of the claim, the more difficult it will be for the doctor to recall all the details about the event. The statute of limitations helps avoid the problem of fading memories and loss of evidence.

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