In Illinois, the statute of limitations for filing a medical malpractice lawsuit is generally 2 years from the date the negligent injury occurred. I don't know the facts of your case, so there may be exceptions to this general rule.
For example, if the injury was not immediately discovered, a lawsuit must then be filed within 2 years of when it was discovered or reasonably should have been discovered, but not longer than 4 years after the date of the injury.
Also, the statutes of limitations for malpractice actions that result in death are called wrongful death suits, and they must be filed within 2 years of the date of death. In the case of a minor under 18 years of age, the malpractice claim must be filed within 8 years of the date or before their 22nd birthday.
Generally, two years from the date of malpractice, although it can be extended to up to four years in some situations, or if the person on whom the malpractice was committed was a minor, until two years after they reach majority. There are other exceptions, as well.
I suggest you contact a lawyer immediately, as it is impossible to determine whether you even have a case without knowing the specifics.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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.
I agree with my colleagues. I would be happy to discuss your situation, free of charge.
735 ILCS 5/13-212 provides as follows:
(a) Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.
(b) Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 8 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death where the person entitled to bring the action was, at the time the cause of action accrued, under the age of 18 years; provided, however, that in no event may the cause of action be brought after the person's 22nd birthday. If the person was under the age of 18 years when the cause of action accrued and, as a result of this amendatory Act of 1987, the action is either barred or there remains less than 3 years to bring such action, then he or she may bring the action within 3 years of July 20, 1987.
(c) If the person entitled to bring an action described in this Section is, at the time the cause of action accrued, under a legal disability other than being under the age of 18 years, then the period of limitations does not begin to run until the disability is removed.
735 ILCS 5/13-215 provides as follows:
If a person liable to an action fraudulently conceals the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within 5 years after the person entitled to bring the same discovers that he or she has such cause of action, and not afterwards.
Robert T. Kuehl
Kuehl Law, P.C.
Call an attorney immediately. The statute of limitations will depend upon the facts and circumstances of your case. I will be happy to review your case for free. If my firm believes that you do have a claim we can help with, we would take the case on contingency (e.g. no out of pocket expense for you; just collect from settlement/verdict).
Disclaimer: Nothing in this message creates an attorney client relationship absent a retainer agreement with this office. Any response to inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.
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