What Is the Medical Malpractice Statute of Limitations in Illinois?

When you or a loved one is harmed by a negligent physician, the whole family suffers the consequences. Sadly, medical malpractice happens more often than most people realize. In one study, researchers at Johns Hopkins Medicine estimated more than 250,000 people die each year from medical mistakes. And, as alarming as those statistics are, another study concluded the number is closer to 440,000. When this happens, most people aren’t thinking about attorneys or legal issues. However, there is a strict statute of limitations for filing medical malpractice claims in Illinois. Victims who fail to meet these deadlines may lose their chance to receive the compensation they deserve. Here’s everything you need to know about the medical malpractice statute of limitations in the state of Illinois.

Do I have grounds for a medical malpractice lawsuit?

If your situation fulfills the following criteria, you may have a medical malpractice claim:

• The doctor, medical professional or facility breached the acceptable standard of care.
• The patient was injured or harmed as a direct result of this negligence.
• The patient (and/or their family) sustained damages as the result of the harm or injury. These damages can be economic (medical bills and lost wages) and/or non-economic (pain and suffering, loss of consortium). An experienced medical malpractice lawyer can help you make the right determination.

Medical malpractice statute of limitations in the state of Illinois

“Statute of limitations” refers to the time limit a plaintiff has to file a lawsuit.

Illinois plaintiffs must file a claim within two years from when the negligence was discovered or should have been discovered “through the use of reasonable diligence.”

In addition, there is a “statute of repose” for plaintiffs who don’t discover their injuries within two years. This law states a victim cannot file a malpractice lawsuit more than four years from when the negligence occurred. After four years, you can no longer file a claim, regardless of when the malpractice was discovered.

The law allows exceptions for minors, or those who had a legal disability when the malpractice occurred. If the victim was 18 or younger at the time of the negligence, the statute of limitations is eight years, or age 22, whichever comes first.

Should I wait until the statute of limitations is almost up before filing a medical malpractice claim?

No. Instead, you should consult a qualified attorney immediately if you believe you were a victim of medical negligence.

There are several reasons plaintiffs should not delay filing a malpractice claim:

• Malpractice cases are extremely complex and often take a long time to resolve.
• Your lawyer will have to file numerous forms and obtain and review reams of medical records. In addition, they will have to locate and interview medical professionals who can help corroborate your claim.
• The “burden of proof” falls to the plaintiff. This means you must prove your physician (or the hospital) was negligent and that you were harmed as a direct result.
• You will have to document and substantiate the damages you and your family suffered.
• The compensation you receive is based on the damages you incur. Therefore, you’ll need to validate your direct expenses and your non-economic damages such as pain and suffering.
• Your lawsuit may go to trial.

Some cases are settled outside of the courtroom. However, if a trial is necessary, you will have to wait that much longer for your compensation. You will achieve a better and faster result by contacting a medical malpractice attorney sooner rather than later.

Medical malpractice statute of limitations is complicated, but finding the right lawyer is simple.

Call 1-800-MALPRACTICE today for a free, no-obligation consultation.

Do You Have a Case?

Sources:

• https://www.nolo.com/legal-encyclopedia/illinois-medical-malpractice-laws.html
• https://www.alllaw.com/articles/nolo/medical-malpractice/laws-illinois.html
• https://journals.lww.com/journalpatientsafety/Fulltext/2013/09000/A_New,_Evidence_based_Estimate_of_Patient_Harms.2.aspx
• https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html