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What else can be done about physical damage due to medical malpractice after the statue of limitations has been met?

Chicago, IL |

My mother loss complete vision in her left eye due to negligence from her eye doctor. It has been 7 years and we are just wondering if there is anything else we can file besides medical malpractice because we are past the dates of statue of limitations. She never wanted to pursue a suit because she was too grateful to still have vision in her right eye; However, she has recently gotten curious about filing since medical professionals all seem to wonder why it was never pursued.

Attorney Answers 6

Posted

If the statute of limitations has passed, there is nothing more your mother can do.

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Posted

Unfortunately, she had her opportunity and chose not to do anything. Now, she must live with the consequences. This happens frequently.

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Posted

If the time limit is past and no lawsuit was filed, then she is, unfortunately, out of luck.

Any action sounding in medical negligence, healing arts malpractice, whatever term of art you use, must be filed within two years of the date of the alleged malpractice or in no event more than four years thereafter (in cases of late discovery/continued treatment). In Illinois, any lawsuit must be accompanied by an affidavit of an expert stating he or she has reviewed the medical records and believes malpractice occurred. And all that gets you is a long, drawn out defense of the case--it doesn't mean you win.

By not retaining a lawyer immediately, your mother seems to have given up any rights she may have had. I'm sorry.

If you are curious enough to ask online, it isn't a bad idea to bring her records to a lawyer to see if there is some way to get past this time limit (such as her continued treatment with the same doctor or other events of malpractice that occurred more recently). It's a stretch, but it's probably the only remote hope this late in the game.

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

There is no claim to pursue once the statute of limitations has not been met.

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Posted

Too late now

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Posted

unfortunately, no. If it's any consolation, if she had this matter evaluated within the statutory deadline, she still had the burden of establishing that the physician breached the standard of care and that is in and of itself a tremendous chore.

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