Legal Question in Medical Malpractice in Indiana

I had a premature live birth at 22 weeks in indiana seventeen years ago. I was told by the physician and hosital staff that it could not have been prevented and that it was one of those things that could not be explained. I recently by going to nursing school what the early signs of preterm labor. It has just come to light that the hospital and doctor lied and that they sent me home in the early stages of labor which resulted in my dughter's death. Does the 2 year statute of limitations in IN apply here. Can the hospital and doctor benefit from their cover up?

Asked on 4/28/12, 4:53 pm

1 Answer from Attorneys

Jim Avery Avery Law Firm (NY-CO-IN)

Your question raises numerous issues. First, is there an exception to the statute of limitations for 'fraud'? Answer, it depends on the facts and if the misleading statement was deliberate, which usually has to be proven based upon the physician's records (verbal statements are tenuous when they come from a person with motivation to lie such as the person making the claim). The problem is that most lawyers will not venture to take a case with a statute of limitations issue, since it could result in dismissal and sanctions against the lawyer. The other issue is whether you were injured and the value of the claim...which isn't as simple as it sounds since the issue revolves around you and not the fetus. This is an evolving area of law and the law at the time of the incident might be applied. Finally, you might consider reporting this to the medical review board for possible discipline, since the statute of limitations doesn't apply to disciplinary actions. BTW, hospitals don't practice medicine, only physicians and nurses do. A hospital cannot 'lie,' only its agents can do so and the person must be identified specifically.

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Answered on 5/01/12, 8:33 am

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