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Illinois Statute of Limitations for Medical Malpractice Cases

Many patients who have suffered 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.

What any qualified medical malpractice attorney should stress in their legal advice under a proper attorney client relationship is that Illinois law has a statute of limitations for Illinois medical malpractice cases that seek medical malpractice damages.

The medical malpractice attorneys of our law offices expertly understand Illinois medical malpractice laws and can assist injured patients or the injured party 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 occurred 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 Statutes of Limitations?

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

Why do statute of limitations laws exists (for a medical malpractice case or other case)? The traditional rational offered for them is they encourage plaintiffs file earlier before their memories fade and evidence disappears.

It also conserves court resources to try claims nearer in time to the underlying events. Finally, these statutes offer everyone a sense of repose knowing that their 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 lawsuit (or even medical malpractice lawsuits) against a medical professional, medical professionals, medical institution, or other party for medical malpractice damages in an injury 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 occurred, then they cannot bring it at all.

Also, if you wait more than four years from when the incident happened, then you will be prohibited from suing as well 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 health care professional.

As you can see, it is critical to have an experienced medical malpractice attorney by your side 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 health care professional. We can walk you through medical malpractice step by step.

Are There any Exceptions to These Statute of Limitations Rules?

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

Of course, if there were other kinds of unlawful or wrongful acts that occurred tangentially to the medical abuse, there could be separate claims filed that have different statutes periods.

The key thing is to discuss exactly what happened with an attorney as soon as you learn about the misdeeds and subsequent injury or damage.

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

A medical malpractice victim should seriously hiring experienced counsel to represent them in an action for damages after a health care accident. These cases are extremely complicated and command not only vast skill and resources, but also dedication and partnerships.

A dedicated legal team can not only save you money and time but give you the freedom that you need in order 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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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 a number of injuries while staying at a local hospital. Most of them stemmed from an IV mishandling. He experienced IV infiltration, chemical burning, and extravasation.

Doctors needed to perform various surgeries and other treatments in order 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 stemming from this negligence including tens of thousands of dollars in medical bills as well as the pain, scarring, and other emotional harm just mentioned.

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

$425,000 Medical Negligence Settlement:

The doctor in this case misread the ultrasound results of a thirty-six year old woman. He incorrectly diagnosed that she had a tumor which would stop her from having a baby. He began to operate on her to correct the issue when he realized that she merely had adenomyosis.

Adenomyosis is just an inflammatory condition. It does not prevent pregnancy. However, in the course of the operation, he scarred and damaged her uterine lining. This actually 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, her 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 the 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 as well but it was incorrectly interpreted. In the meantime, the man’s cancer had gone from Stage I all the way 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 as well as the facility where the events took place. He alleged their negligent biopsy interpretation damaged him. He claimed various losses including pain, bills, reduced life expectancy, and lost normalcy of life. The parties settled for a reported $3 million. The bulk of that was paid by the defendant hospital.

$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. That ophthalmologist diagnosed the issue as acute retinal necrosis. That 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 settled prior to trial. The man received $500,000 in compensation, and that included over $150,000 for medical bills.

Talk to a Qualified Medical Malpractice Attorney

Rosenfeld Injury Lawyers has worked with many injured persons and their families after health care incidents harmed their lives in terrible ways. Schedule a no-obligation call today to see what you could obtain through court or settlement.

We can start a 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.