The Indiana Medical Malpractice Act contains detailed rules and procedures for filing a medical malpractice case. In order to preserve your claim, you and your Evansville medical malpractice attorney must ensure that you comply with the procedures by filing all of the required paperwork within the time period allowed by the Act.
A limitations period is the time within which you must file a complaint in order to avoid waiving your right to raise the claim(s) within it. Generally, a complaint alleging medical malpractice must be filed within two years of the date of the alleged malpractice. However, there are several exceptions to this general rule. For instance, if the claimant is under the age of six, he or she has until age 8 to file a complaint. Given the harsh consequences of failing to comply with the statute of limitations, your Evansville medical malpractice attorney will make a point of verifying the date of your injuries and ensuring that your complaint is filed within the limitations period.
Filing a Proposed Complaint
If the health care provider is “qualified,” you must file a proposed complaint with the Indiana Department of Insurance and pay the associated filing fee before filing a complaint in State or Federal Court. An experienced Evansville, Indiana attorney can help you determine the correct procedure for a complaint in your case. Moreover, it is crucial that you submit the correct filing fee because if you fail to do so, the complaint is not deemed filed until the full fee is paid. Filing a proposed complaint with the Department of Insurance tolls the statute of limitations for a period of 90 days following your receipt the medical review panel’s opinion.
Medical Review Panel
After you file your proposed complaint, both you and the defendants in your case have a right to request the formation of a medical review panel to adjudicate your claim. If you choose to request a medical review panel, your Evansville medical malpractice attorney will have the opportunity to submit evidence supporting your claim to the panel, and the panel will render an opinion as to whether malpractice occurred. Even if the panel’s opinion is unfavorable, you will have a right to file your complaint in civil court.
Medical Malpractice Attorney
If you believe you may have a claim against for malpractice your health care provider, please contact Evansville medical malpractice attorney Lane Siesky.