How Long Do You Have to File a Lawsuit Against a Nursing Home in Indiana?
How Long Do You Have to File a Lawsuit Against a Nursing Home in Indiana?
Unfortunately, Indiana nursing homes have long ranked among the worst in the U.S., and far too many patients are neglected and abused. When nursing home corporations do not fulfill their promise to provide safe and sanitary care, it may be necessary to take legal action to hold the facility, its owners, and operators accountable. To do so, it is important to understand the time frame within which you have to file a lawsuit against a nursing home in Indiana.
When it comes to determining how long one has to file suit against an Indiana nursing home, unfortunately it can be a complicated and difficult analysis. While an internet search may seemingly provide you with a single, simple answer — beware. There may be much more to the analysis than meets the eye due to the way in which several Indiana laws and legal doctrines intertwine. Below we will discuss some of the intricacies that must be taken into account.
What is a “Statute of Limitations”?
In general terms, a “statute of limitations” is a law that sets the amount of time you have to bring a lawsuit against an individual or business, or be forever barred in doing so. In most cases, if a lawsuit is filed after this deadline the case can be dismissed “with prejudice” — meaning it cannot be refiled. If the case is not filed within the period allowed by the statute of limitations, it does not matter how egregious the misconduct was or how horrific the resulting harm — the claim is subject to being dismissed.
Indiana’s Medical Malpractice Act Filing Requirements
In 1975, Indiana lawmakers passed legislation that impacts most healthcare negligence claims. This legislation is commonly called the Indiana Medical Malpractice Act. The Act does many things, such as place arbitrary caps on the recovery a victim of malpractice can receive from a jury — regardless of how devastating the loss, or how egregious the negligence. The Act also sets forth a statute of limitations for cases that fall under its provisions.
Generally speaking, Indiana has a two (2) year statute of limitations for nursing home negligence cases. Under Indiana’s Medical Malpractice Act, a claimant generally must file a “proposed complaint” before the Indiana Department of Insurance within two (2) years of the date that the negligence occurred. After the filing of the proposed complaint, a medical review panel will review evidence submitted by the parties and render an opinion as to whether the defendants failed to meet the applicable standard of care, and if so whether it caused alleged harm to the claimant. A complaint can also be filed in state court that names the defendants anonymously at the time of the filing of the proposed complaint. Caution though, if a state court complaint is filed before a proposed complaint is filed with the Indiana Department of Insurance, the state court case may be subject to permanent dismissal. If a proposed complaint was timely filed with the Indiana Department of Insurance, and an anonymous state court complaint is not filed at the same time, the state court complaint must also be filed in state court within ninety (90) days of the medical review panel rendering its opinion.
In addition, there are some important exceptions under the law, including, but not limited to, exceptions for negligence victims who are minors or under a legal disability, and for when the negligence and harm could not be discovered prior to the expiration of the statute of limitations.
The foregoing filing requirements and the application of possible statute of limitations exceptions is complex and you should consult a qualified Indiana malpractice attorney to help determine when your proposed complaint and state court complaint must be filed in order to preserve your claim.
Does Indiana’s Medical Malpractice Act Apply to Your Case?
In order to determine whether your claim of a negligent nursing home falls under the provisions of the Medical Malpractice Act, it must be determined (1) whether the owner/operator is covered by the Act, and (2) whether the claim itself is such that it falls under the provisions of the Act.
Are the Owners and Operators Covered By Indiana’s Medical Malpractice Act?
The first question is whether the nursing home owner/operator defendants are covered by the Medical Malpractice Act. Not all nursing home owners and operators are covered by the Act. In order to receive the protections of Indiana’s Medical Malpractice Act, nursing home owners/operators must purchase a certain type of insurance that “qualifies” them under the Act. If the nursing home is determined to be qualified under the Act, then you must also determine whether the claim itself is covered by the Act.
Is the Claim Covered by Indiana’s Medical Malpractice Act?
After you determine that the nursing home owner/operators are covered by the Medical Malpractice Act. The second question is whether the claim is covered by the Act. Generally speaking, claims involving negligence or wrongdoing by a healthcare provider while rendering healthcare are covered by the Act. For example, if a nurse neglects a patient and fails to give the patient his or her medications, the claim would be covered by the Act. If a family member trips over a hidden hazard in the parking lot, the claim likely would not be covered by the Act since it does not involve the provision of healthcare. Sometimes the line of what is considered healthcare and what is not is hard to draw. It is highly recommended you consult an experienced nursing home neglect attorney to review the facts of your case to determine whether the provisions of the Indiana Medical Malpractice Act apply or not.
If the Nursing Home Owners / Operators are Not Covered By The Medical Malpractice Act
If the nursing home owners/operators are not covered by the Medical Malpractice Act, then in most cases the lawsuit must be filed in court within two (2) years of the date of the negligence. If the lawsuit is not filed within two years of the date of the negligence, the lawsuit may be subject to being dismissed permanently.
As discussed above, it is important to note there may be limited exceptions which can extend the timeframe in which the lawsuit must be filed. And equally important, in limited cases involving government operated facilities there could be additional deadlines that apply which are significantly shorter than two years, which if are not met could subject the case to be barred.
The applicability and nuances of these various exceptions to the statutes of limitations are beyond the scope of this article, and it is highly recommended you consult an experienced Indiana nursing home lawyer to review the facts of your case.
Did the Nursing Home Attempt to Limit the Time to File A Lawsuit in the Admission Agreement?
In some cases, a nursing home may try to limit the time in which an injured party can file a lawsuit by requiring that any potential claims be submitted to arbitration, and/or by requiring that any potential lawsuit be filed within a very short time-frame, such as six months. It is important to know that these shameless types of “claims filing requirements” which nursing home companies may try to sneak into the admission agreement may be unenforceable, and thus may not preclude the injured party from filing a lawsuit beyond those time-frames. Again, it is critically important that an experienced nursing home lawyer be consulted as soon as possible to review the agreement and facts of the case to accurately determine which deadlines may apply.
Other Reasons For Acting Promptly
As discussed above, it is critically important to act promptly in cases of nursing home abuse or neglect. Not only may undue delay and missed deadlines mean your case may be barred, the longer you wait, the more difficult it may become to gather evidence and build a strong case. For example, witnesses may move away, memories may fade, and physical evidence may disappear.
Finding the Right Nursing Home Neglect Attorney as Soon As Possible
In cases of nursing home abuse or neglect, it is always advisable to consult as soon as possible with an experienced attorney who specializes in these types of cases. An attorney can evaluate the facts of your case, determine the applicable statute of limitations, and help you build a strong case to hold the nursing home accountable for their actions.
Nursing home cases are complex and challenging. It is vital that you not settle for any attorney, or even any attorney who advertises for injury cases. To help ensure you have the best chance of successfully holding a bad nursing home accountable, we recommend you look for a highly experienced nursing home lawyer to handle your case. We have published an article on how to select the right Indiana nursing home lawyer. By following these tips, you will give yourself the best chance of successfully holding those responsible for nursing home neglect and abuse accountable.
Statute of Limitations FAQs
Q: What is the statute of limitations for filing a nursing home abuse claim in Indiana?
A: The statute of limitations to file a claim against a nursing home in Indiana related to neglect or abuse is generally two years from the date of negligence. However, there are various important exceptions that may apply which may be longer. There may also be important deadlines that apply that could be significantly shorter. We highly recommend consulting with an experienced Indiana nursing home lawyer to review the facts of your case and determine which deadlines may apply.
Q: What if I do not file my claim within the statute of limitations?
A: If you do not file your claim within the statute of limitations, you may be barred from filing a claim. However, exceptions may apply. It is important to act promptly and consult with an experienced Indiana nursing home lawyer as soon as possible to review the facts of your case, determine which deadlines may apply, and to ensure you are taking the appropriate steps to protect your rights.
Jeff Powless is an attorney and the author of the 2017 book, Abuses and Excuses: How To Hold Bad Nursing Homes Accountable. Abuses and Excuses breaks new ground in helping patients and families hold bad nursing homes accountable, sharing a wealth of insider strategies and insights. It’s an eye-opening account of corporate greed, acts of neglect and abuse, an insidious industry culture of cover-up, and the actual harm that inevitably befalls vulnerable nursing home patients all across the country with shocking frequency.
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