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.
1 Answer from Attorneys
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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