How Long Do I Have To File Medical Malpractice Claim?

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Medical Malpractice Attorney

You could have a medical malpractice claim if you think you were injured because of a medical professional’s action or inaction. But it is essential to file your claim within a specific time or the case could be dismissed. Learn below about the statute of limitations, and contact our medical malpractice attorneys in Illinois if you have a question about a potential case.

What Is The Statute Of Limitations For An Illinois Medical Malpractice Case?

The Illinois statute of limitations for medical malpractice places a deadline on when you or your surviving family can file a medical malpractice claim. Illinois’s statute of limitations for filing a claim is two years from when the incident occurred or the patient discovered it. The statute of limitations can also start to run when you notice the mistake or have sufficient information to discover the error.

However, there are a few exceptions to the statute of limitations law. You must prove that you are eligible for one of these exceptions:

  • Children under 18 who are injured in a medical malpractice case may have up to eight years from the date the treatment led to the injuries. But the person must file the claim before they turn 22.
  • Suppose the medical professional withheld information to hide improper care or negligence. In that case, the statute of limitations may run up to five years from the date that you discovered what caused the injury.
  • If you are so incapacitated that you cannot file a claim, the statute of limitations starts when your disability ends.

Even if you think the statute of limitations has expired to file a claim, you should talk to a medical malpractice attorney. They will review the case and tell you what the legal options are.

What Are Common Medical Malpractice Examples?

Medical malpractice happens when a medical professional violates the standard of care. There are many varieties of medical malpractice, but some of them are:

Misdiagnosis Or Failure To Diagnose

Medical professionals owe you a duty to follow accepted standards to diagnose many medical conditions. If you suffer harm because the medical provider did not diagnose or misdiagnosed a condition, you may be able to file a claim. For example, if the doctor does not inform you of your newborn’s infection, it could cause birth injuries to the child.

Inappropriate Treatment

Medical malpractice also can occur if the doctor mismanages your condition. The doctor could, for instance, give the wrong treatment for cancer or another severe illness. Or, the doctor could recommend a too-risky or unapproved treatment.

Not Informing You Of Known Risks

Healthcare providers are required by law to inform every patient of the risks of a treatment plan. Not disclosing this critical information could lead to a medical malpractice claim. Even if you signed a waiver, you still could pursue damages in a claim.

Contact Our Medical Malpractice Attorneys In Illinois Today

If you suffered an injury in a possible medical malpractice case, you may be entitled to compensation for your losses. Please contact our medical malpractice attorneys in Illinois at Fisk & Monteleone Ltd. at (815) 962-0044 for a medical malpractice consultation.