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Discovery act for filing a malpractice claim in indiana

Discussion in 'Accidents, Injuries, Negligence' started by 1SGB, Feb 22, 2017.

  1. 1SGB

    1SGB Law Topic Starter Guest

    If my relatives lawyer failed to file a malpractice claim due to the defense stalling or my lawyer failing due diligence in representation, and not providing complete medical records to be investigated and the 2 year statute has passed. AFTER 38 months we received a complete record that showed gross negligence by the hospital, willful omission of data, false statements in the interrogatories, MEDICARE FRAUD for not filing a fall as a HAC (hospital acquired condition,,,etc, etc

    Can a petition to the Malpractice ACT panel praying for an exception to the statute be filed?

    I am extremely unhappy with my attorney that represented mu relatives cause in which they recently have deceased.
  2. adjusterjack

    adjusterjack Super Moderator

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    Probably not.

    The attorney was hired within the two years. That means that the malpractice potential was discovered within the statute of limitations.

    If the attorney failed to file a lawsuit within two years of the act that gave rise to the malpractice claim then there might be a cause of action against the attorney for attorney malpractice.

    But as to the medical provider, that ship has sailed.

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