How Long Do You Have to File a Medical Malpractice?

How Long Do You Have to File a Medical Malpractice?

Medical Malpractice AttorneyBefore building a claim in Illinois, hiring an attorney to review existing malpractice laws and current changes is a good idea. Since the laws also include a statute of limitations, this should be done sooner rather than later.

Statute of Limitations for Medical Malpractice

The state’s statute of limitations was introduced specifically for cases involving medical malpractice claims. According to the law, such cases have to be filed in court within two (2) years of the date on which the plaintiff knew or should have known about the injuries caused by a healthcare professional’s negligence or malpractice.

The statute of limitations in Illinois also sets bigger deadlines for cases in which plaintiffs do not discover their injuries straight away. However, you cannot bring a case in which the underlying medical error occurred more than four (4) years ago.

If the plaintiff younger than 18 years of age at the time, the medical malpractice case has to be filed within eight (8) years of the date on which the malpractice took place. However, in no event can the case be brought forward or accepted beyond his/her 22nd birthday.

Other Reasons for Filing Medical Malpractice Lawsuits

Due to Fraud – You can file a medical malpractice claim within five (5) years if it is proven the offending medical professional or healthcare facility withheld information to hide their negligence.

Due to Disability – If the injured party is incapacitated due to paralysis or any other injuries or conditions caused by medical malpractice, the statute of limitations begins when the disability is removed and he/she can proceed with the lawsuit. In that case, the patient has two (2) years to file the lawsuit.

The worst thing you can do is wait too long to file a case. If you try to file it after the statute of limitations has passed, your claim WILL be refused by the court. That is why it is critical you abide by the timelines dictated by malpractice laws without delay.

Personal Injury Attorney

If you are looking for a medical malpractice attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens and his team of attorneys at the Law Offices of Robert T. Edens today. We have over 20 years of experience representing clients like you who have been injured or paralyzed due to the negligence of nurses, doctors, dentists, pediatricians and other hospital staff. Get in touch with us for a consultation today.

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