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

Asked 9 months ago - 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)

  1. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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... more
  2. Judy A. Goldstein

    Contributor Level 20

    6

    Lawyers agree

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

  3. David Ian Schoen

    Pro

    Contributor Level 20

    5

    Lawyers agree

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

  4. Philip Anthony Fabiano

    Contributor Level 20

    4

    Lawyers agree

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

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Too late now

  6. Karen Morgan Salter

    Pro

    Contributor Level 6

    3

    Lawyers agree

    Answered . 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.

    No representation is made that the quality of legal services to be performed is greater than the quality of legal... more

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