Understanding the Statute of Limitations for Medical Malpractice Claims in Illinois

 Posted on August 17,2021 in Medical Malpractice

Negligent health care can result in severe patient harm. Medical errors such as misdiagnosis, surgical errors, defective medical equipment, and inaccurate prescriptions can leave patients in critical condition and possibly lead to fatalities. For a medical malpractice victim to successfully recover damages, there are many standards that must be met. A medical malpractice lawsuit must be filed before the statute of limitations expires. If you believe you sustained injuries due to a health care provider’s actions or inaction, it is recommended to immediately contact a medical malpractice attorney who can help you to understand the expectations and limitations often seen in these situations. 

The Statute of Limitations Explained

As with almost all legal actions, the law imposes a time constraint on the duration of time someone is allowed to pursue a medical malpractice lawsuit. Once the statute of limitations expires, the injured person may be barred from filing a lawsuit.

Many factors are taken into consideration when determining when the statute of limitations begins, including when the malpractice occurred, when the victim sustained their injury, when the victim became aware of their injury; and when the victim completed their treatment. The date the victim discovered their injury is essential to their case and should be thoroughly documented. A medical malpractice attorney can provide assistance with this process.

In terms of medical malpractice, the limitation is typically two years from the date the injury was discovered. Regardless of when the discovery date, however, the victim of a medical malpractice injury cannot file a claim after four years have passed after the medical malpractice occurred. This is true even in circumstances when the victim had no knowledge of the malpractice until more than four years later. 

Are There Exceptions to The Statute?

There are exceptions to the statute of limitations for medical malpractice. Children under 18 years of age who are harmed due to medical malpractice are granted eight years from the date the malpractice occurred. If the medical professional or facility intentionally withheld information from their patient in an effort to hide evidence of negligence or improper care, the statute will be extended five years from the date of injury discovery. Disabilities may also allow for an exception to the statute. In instances where injury leads to the victim being physically incapable of filing the malpractice claim, the limitation will not start until the victim is able to effectively proceed with the lawsuit. From that point, the statute of limitations of two years will take effect. 

Contact Our Rockford Medical Malpractice Attorneys Today

If you have suffered an injury due to medical malpractice, it is strongly suggested to seek legal assistance. This remains true even in instances where the statute of limitations has ended, as an attorney will be able to elaborate on your available options and establish any existing exceptions. 

The personal injury attorneys with Mannarino & Brasfield, A Division of Schwartz Injury Law know that time is of the essence for the success of a medical malpractice claim and will pursue your case with vigor and proficiency. Contact our Winnebago County medical malpractice attorneys today to schedule a free consultation by calling 815-215-7561.

Sources: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622