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Jonathan Rosenfeld

October 17, 2021

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Many patients who have suffered an injury due to medical malpractice wonder if they can bring medical malpractice claims or medical malpractice cases.

They seek redress for the injuries, suffering, costs, and losses that the medical negligence of a medical professional has caused them.

Any qualified medical malpractice attorney should stress in their legal advice under a proper attorney-client relationship that there is a time requirement for filing a lawsuit. This article will review the Illinois medical malpractice statute of limitations.

Your failure to comply with the law will bar recovery.

The medical malpractice attorneys of our law offices expertly understand Illinois medical malpractice laws. They can assist injured patients or injured parties with their medical issues and help them file a medical malpractice claim before the malpractice statute of limitations filing deadline.

Contact our law firm, the Rosenfeld Injury Lawyers, LLC, for a free consultation from an Illinois attorney and review the following sections on the same topic, where both confirmed malpractice and alleged malpractice of a health care professional).

They may help you get a lawsuit filed on time for your economic (medical bills, lost wages, etc.) and non-economic damages (physical trauma of the injured patient, disability, etc.), as well as other forms of financial compensation.

What are the Statutes of Limitations?

Statutes of limitations laws prevent an injured party from filing suit if not brought within a certain amount of time. The filing deadline differs from state to state and across different injuries and claims.

Why do statute of limitations laws exist (for a medical malpractice case or another case)? Their traditional rationale is to encourage plaintiffs to file before their memories fade and evidence disappears.

It also conserves court resources to try claims nearer to the underlying events. Finally, these statutes offer everyone a sense of repose, knowing there will be no legal controversy after a given period.

Use our lawyer referral service to find personal injury lawyers who can file a reasonable and meritorious cause of action for a medical malpractice plaintiff under the Illinois medical malpractice statute.

How Long Do You Have to File a Medical Malpractice Lawsuit?

How long do you have to bring medical malpractice claims or medical malpractice lawsuits (or even medical malpractice lawsuits) against a medical professional, medical professional, medical institution, or another party for medical malpractice damages in an injury that occurs?

Illinois law allows a medical malpractice plaintiff two years to bring a medical malpractice case or general medical malpractice claim against a healthcare professional for medical error and damage.

According to the Illinois medical malpractice laws and statute of limitations, if the injured party does not bring a medical malpractice lawsuit within two years of when the medical errors or negligent medical care occurred or when they reasonably learned it happened, they cannot bring it.

Also, if you wait more than four years from when the incident happened, you will be prohibited from suing, regardless of when or how you learned about it.

These rules come from 735 ILCS 5/13-212. You can review this law to get explicit details on when and how to bring your claim for economic and non-economic damages after you are the victim of healthcare malpractice and negligence because of a healthcare professional.

As you can see, having an experienced medical malpractice attorney by your side is critical as you navigate Illinois’ statute of limitations in an Illinois medical malpractice cause of action.

The Illinois Supreme Court has set forth various rules and regulations for how you and a plaintiff’s attorney can sue a healthcare professional, insurance company, or other medical professionals in a malpractice case.

Talk to us for help. You deserve to be treated by a qualified healthcare professional. We can walk you through medical malpractice step by step.

Are There Any Exceptions to the Illinois Medical Malpractice Statute of Limitations?

Yes, if the victim of the alleged misconduct was a child, the period might be extended to eight years. Also, if the defendant acted fraudulently, this could sometimes add time to the filing window.

Of course, if other kinds of unlawful or wrongful acts occurred tangentially to the medical abuse, separate claims could be filed with different statute periods.

Discussing what happened with an attorney when you learn about the misdeeds and subsequent injury or damage is key.

How Can a Medical Malpractice Attorney Help Me File a Case on Time?

Medical malpractice victims should hire experienced counsel to represent them in an action for damages after a healthcare accident. These cases are extremely complicated and command not only vast skill and resources but also dedication and partnerships.

A dedicated legal team can save you money and time and give you the freedom you need to get better. Your health should be your number one priority. We can help take care of the rest.

The first thing we would start off doing is getting your case filed on time, and here are some steps we would take to accomplish that:

  • Obtain your medical records for medical treatment
  • Obtain your employment and income verification
  • Talk to your friends and family to see how the events affected you
  • Talk to all witnesses and healthcare professionals involved in the incident
  • Research all laws and statutes that will help us build a case for you
  • Identify the appropriate medical personnel and businesses involved, as well as insurance companies

Learn more about how we can file your claim on time. Do not wait to get relief. Get your recovery started today.

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Sample Medical Malpractice Cases and Awards

Review these settlements and verdicts to understand what relief is possible for plaintiffs that timely and effectively bring cases under Illinois law.

$1,000,000 Health Care Malpractice Settlement

The man that brought this case was in his early fifties. He experienced several injuries while staying at a local hospital. Most of them stemmed from IV mishandling.

He experienced IV infiltration, chemical burning, and extravasation.

Doctors needed to perform various surgeries and other treatments to mitigate the damage that was done. Nevertheless, he still felt lots of pain and discomfort. Also, he had scarring and other disfigurements across his body from the events.

He sued the staff that treated him and the facility where he stayed. He alleged they were negligent in their IV usage and general treatment. He listed various damages from this negligence, including tens of thousands of dollars in medical bills and the pain, scarring, and other emotional harm mentioned.

The defendants did not press a strong defense in court. They did not offer a conclusion to a jury. The matter ended in settlement before that could take place. The plaintiff obtained $1 million in compensation for this IV infiltration malpractice dispute.

$425,000 Medical Negligence Settlement:

In this case, the doctor misread a thirty-six-year-old woman’s ultrasound results. He incorrectly diagnosed that she had a tumor that would stop her from having a baby. He began operating on her to correct the issue when he realized she had adenomyosis.

Adenomyosis is just an inflammatory condition. It does not prevent pregnancy. However, during the operation, he scarred and damaged her uterine lining. This did prevent her from carrying a child and forced her to use a surrogate.

She sued the doctor and the center where the treatment occurred. In a private settlement, she and her husband received $425,000 in compensation. About $120,000 of that amount was for medical bills, and about $60,000 of that was for surrogacy costs.

$3,000,000 Cancer Settlement:

The plaintiff who brought this action was fifty. In 2014, he had a biopsy done. Medical staff took specimens from under the nail on his thumb. They told him he did not have cancer.

He thought all was fine. However, one year later, he had another biopsy done. That lab tested positive for cancer.

Also, upon a review, it appeared that the 2014 biopsy indicated cancer, but it was incorrectly interpreted. In the meantime, the man’s cancer had gone from Stage I to Stage III.

Now, he needed chemotherapy where less intensive methods would have sufficed earlier. Further, his health outlook was reduced because of the advanced state of cancer.

He sued the doctors involved and the facility where the events occurred. He alleged their negligent biopsy interpretation damaged him. He claimed various losses, including pain, bills, reduced life expectancy, and lost normalcy.

The parties settled for a reported $3 million. The defendant’s hospital paid the bulk of that.

$500,000 Medical Negligence Award:

Here, a man in his late forties when to see an eye doctor. His left eye bugged him, and he wanted to get it checked out. There was some pain and a little swelling. The ophthalmologist diagnosed it as pink eye. Then, he prescribed the patient some eye drops.

Yet, things only got worse for the man. Eventually, he started to lose vision in the affected eye. He went to see another eye doctor. The ophthalmologist diagnosed the issue as acute retinal necrosis, which is a viral infection.

It is very aggressive by nature. The new doctor also gave the man a course of treatment.

Thankfully, the steps he took prevented a complete infection. However, he still lost most vision in the eye. He sued the first eye doctor for malpractice. He alleged the defendant failed to diagnose his condition.

Also, he alleged the defendant improperly treated him. The defendant filed a response. However, the substantive merits of his objections could not be measured because the matter was settled before trial.

The man received $500,000 in compensation, which included over $150,000 for medical bills.

Questions About the Statute of Limitations on Medical Malpractice? Talk to a Qualified Medical Malpractice Attorney

Rosenfeld Injury Lawyers has worked with many injured persons and their families after healthcare incidents harmed their lives terribly. Schedule a no-obligation call with our medical malpractice attorneys today to see what you could obtain through court or settlement.

We can start a medical malpractice case today and on contingency so that you do not pay anything, and we do not collect a dime until we win for you.

Find out what compensation is possible for you and give us a call.


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