Legal Question in Medical Malpractice in Indiana

dismissal of medical malpractice claim

If a medical malpractice case

is dismissed with prejudice

and the child is 5 years of

age, can the case be refiled

within 2 years, inspite of

the written order dismissing

the case with prejudice. Will

appreciate your timely response.

Asked on 10/23/06, 9:42 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: dismissal of medical malpractice claim

If you are correctly quoting the court's order, that the medical malpractice case was dismissed "with prejudice" then the case can never be re-filed unless that court order is set aside. Which means you must either file a timely motion for reconsideration or you must file a timely notice of appeal or you must obtain some other equitable relief from the court's order on the basis of mistake, fraud or excusable neglect. I trust you are not monkeying around trying to do this without a lawyer experienced in malpractice and/or appellate practice. Good luck.

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Answered on 10/24/06, 8:28 am

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