What Is the Statute of Limitations for Medical Malpractice in Illinois?
The statute of limitations for medical malpractice in Illinois is typically 2 years from the date of the injury. However, victims of medical malpractice who learn of their injuries later may have longer to file a lawsuit to recover damages. Speak with a Chicago medical malpractice lawyer about your case today.
What the Statute of Limitations Means
The statute of limitations in Illinois for medical malpractice is the timeframe within which a victim can seek a lawsuit against those who caused them harm. In Illinois, this is typically just two years from the date the injury occurred. If you wait beyond this timeframe, it is unlikely that the court will hear your case, and that means you will have no way to recover the damages owed to you.
Victims of medical malpractice must act within the statute of limitations to seek a settlement or file a lawsuit to hold doctors, nurses, hospitals, or other licensed professionals who were negligent in their care accountable. It is best not to delay seeking legal guidance from a medical malpractice attorney in these cases.
The Discovery Rule in Illinois
Medical malpractice cases are more complex in that medical injuries are not always obvious. That is why the discovery rule applies. Some injuries may not be discovered at the time of the incident, such as when they are not communicated right after the procedure. In these cases, the statute of limitations begins on the date of the discovery.
Specifically, the date of discovery is typically the date the victim learned about the medical malpractice act or should have known about it. It is very common for defendants to refute this data, stating that you should have discovered the incident sooner. The court assigns value based on the date a reasonably diligent person would have discovered the incident, or on the date the victim was notified of the injury. A skilled Chicago medical malpractice lawyer can help determine how the discovery rule affects your claim and can help gather evidence to support the discovery date.
Medical Malpractice Claims for Minors
When a minor suffers a medical injury, the state allows the victim to file a claim later, if their parents do not do so. In most situations, medical malpractice cases allow up to 8 years from the date of injury for the minor to take legal action, or until the minor turns 22 years of age. This applies, typically, to birth injuries and other errors occurring early in life. A medical malpractice attorney can guide families through these unique timelines regarding medical malpractice involving minors.
The Statute of Repose
Another factor to consider is the statute of repose. This is the absolute deadline by which a person can seek legal action. Specifically, it requires that the statute of limitations begin to accrue on the date the negligence occurred, regardless of when it was discovered. When a medical act or omission occurs after the statute of repose, it is generally not possible to bring a lawsuit against the other party.
Illinois applies a four-year statute of repose to most medical malpractice claims. That means that in nearly all cases, you cannot seek legal action against those at fault if it has been more than four years from the date the incident occurred.
Take Action to Protect Your Rights With the Help of a Chicago Medical Malpractice Attorney
The statute of limitations for medical malpractice in Illinois is very strict, with few exceptions. For this reason, victims of such injuries should seek legal action as soon as possible with the help of a Chicago medical malpractice lawyer to protect their rights.