My spouse, living in Indiana, had her left knee replaced in March 2009. In August 2010, living in Illinois, a different Orthopedic suergon d...

Question

My spouse, living in Indiana, had her left knee replaced in March 2009. In August 2010, living in Illinois, a different Orthopedic suergon determined, because of continueing problems (staggering/falling), operated and replaced it with a "more appropriate device". She no longer staggers or falls.

In Indiana, the Statute of Limitations for most medical malpractice suits is 2 years.

Question: Does the clock start at the time of the operation, or does the clock start when the potential malpractice is discovered.

Answer

Subject to exceptions, 2 years from the occurrence.