Can you sue a hospital for wrongful death three years after the fact? My sister died after a trach was put in incorrectly

First, I'm very sorry about your sister. An improperly placed tracheostomy that allegedly results in someone's death is a serious potential medical malpractice and wrongful death matter. 

1. Indiana's medical malpractice deadline

Indiana Code § 34-18-7-1 generally requires a medical malpractice claim to be filed within two years of the alleged negligent act or omission. 

Importantly, the Indiana Supreme Court has recognized exceptions when the patient or claimant could not reasonably have discovered the malpractice within that two-year period.

Under David v. Kleckner, 9 N.E.3d 147 (Ind. 2014), the date the malpractice was discovered, or reasonably should have been discovered, can be critical to determining whether the claim is timely. 

The incorrectly placed tracheostomy

I would be particularly interested in investigating:
- Whether the tracheostomy was improperly inserted.
- Whether the hospital or treating physician failed to recognize the improper placement.
- Whether the improper placement caused respiratory distress, oxygen deprivation, or other complications.
- Whether the hospital failed to respond appropriately to those complications.
- Whether the tracheostomy placement was a substantial cause of your sister's death.

Even though three years have passed, I would not automatically dismiss this case. The discovery rule and the specific circumstances surrounding the alleged negligence need to be examined.

One important point: If this happened in Indiana, I would encourage the family to speak with an experienced Indiana medical malpractice attorney immediately. Do not wait to obtain additional information before seeking legal advice.

The timing of when the family discovered the alleged improper placement could be extremely important.

Please understand that our response does not constitute legal advice, and no attorney-client relationship has been created between you, your family, and our firm. Our firm has not agreed to represent you in this matter, and you should not rely on this correspondence as a substitute for advice from an attorney experienced in this area of law. Please be mindful of any applicable statutes of limitation or other legal deadlines.