Discovery act for filing a malpractice claim in indiana

[1SGB]

Jurisdiction

Indiana

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.

 

[adjusterjack]

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

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.