MEDICAL MALPRACTICE STATUTE OF LIMITATIONS ILLINOIS
What Constitutes Medical Malpractice in Illinois?
Medical malpractice in Illinois occurs when a doctor or other healthcare professional breaches the standard of care when they’re treating a patient. When a person or institution violates the standard of care, this is known as medical negligence.
What is Medical Malpractice Statute of Limitations for Illinois?
In the state of Illinois, the statute of limitations gives a patient 2 years from the date of discovery to file a medical malpractice claim. However, the “date of discovery” is where this gets a little sticky. This is the date that the patient discovered or should have discovered that his or her injuries were a result of medical malpractice.
The date of discovery should be as well-documented as possible. We recommend retaining all medical bills, records and correspondence.
An Illinois medical malpractice attorney can help with this process. The injured party will need to establish a clear date of discovery. Moreover, on top of the 2 year statute of limitations, the state of Illinois bars a patient from filing a claim more than four years from the date of the medical treatment that caused the injuries, regardless of when the patient discovered the injury in question.
Illinois Statute of Limitations Exceptions
As with most laws, a few exceptions to the medical malpractice statute of limitation exist. The injured party must prove that he or she is eligible for one of the following:
Children under the age of 18, who have been injured by medical malpractice in Illinois have up to 8 years form the date of the treatment that caused the injuries. But, in order to qualify for this exemption, the minor must file before his or her 22nd birthday.
If a medical professional or healthcare facility intentionally withheld information to conceal their negligence or improper care, the statute of limitations is 5 years from the day that the cause of the injury was discovered.
If the injured patient is so incapacitated that he or she is physically unable to file a medical malpractice claim in Illinois, the statute of limitation doesn’t begin until the patient’s disability is removed and he or is physically able to move forward with the medical malpractice lawsuit. From this point, the injured party will have 2 years to file a claim against the healthcare professional or medical facility.
How Long Do You Have to Sue for Medical Malpractice in Illinois?
Medical malpractice statute of limitations Illinois: Under Illinois law, you must file a medical malpractice lawsuit within a certain time frame, otherwise the suit could be barred. The general rule for medical malpractice in Illinois is 2 years from the time of injury.
Even if you believe that the statute of limitations has run out for your case, you should still seek out legal advice from professional medical malpractice attorneys in Illinois. At Curcio law offices, we’ll be able to review the facts surrounding the case and explain your legal options to you.
What Happens After the Statute of Limitations Has Passed?
Unfortunately, once the medical malpractice statute of limitations for Illinois has passed, the patient no longer has the right to file a medical malpractice claim or receive any type of compensation.
Since time is critical, it’s important that anyone who believes he or she may have been a victim of medical malpractice in Illinois, should reach out to a practicing attorney immediately.
How Long Will It Take to Resolve a Medical Malpractice Case in Illinois?
There’s really no means of determining the length of a medical malpractice case. Some cases can be settled in a year, while others can take as many as three or four years to be resolved. What’s important is that you recover as much as you deserve, financially.