Unfortunately, she had her opportunity and chose not to do anything. Now, she must live with the consequences. This happens frequently.Ask a similar question
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.
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There is no claim to pursue once the statute of limitations has not been met.
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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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