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Illinois Statute of Limitations for Medical Malpractice

Dealing with a medical malpractice injury or illness is never easy. It can be quite intimidating to go up against a seemingly powerful physician or hospital, no matter how serious their mistake was. Working with a highly trained Chicago attorney can be the best way to ensure that you get the most out of your personal injury claim in IL.

However, before you can begin building your case in Chicago, you’ll need to make sure that your medical malpractice claim is filed before the statute of limitations runs out in Illinois. Read on to learn more about the time limit for filing your claim so that you can move forward in reclaiming control of your life.

How Long You’ll Have to File a Claim in IL

In Illinois, you’ll have two years from the date that the incident occurred to get your claim filed.

In cases where you discovered the medical mistake at a later date due to your condition worsening, the two-year statute of limitations will begin running from the date you discovered the error. However, Illinois state law will not allow for a medical malpractice claim to be filed any later than four years from the date of the accident.

Additionally, in medical malpractice cases involving minor children, you’ll have eight years to get their claim filed, but a lawsuit cannot be pursued any later than the age of twenty-two for an injury that occurred as a child. It is critical that you are aware of the statute of limitations in your case so that you can get all the necessary paperwork filed in time.

What Happens if You Miss the Deadline

Once the Illinois statute of limitations has run out on your medical malpractice claim, you will unfortunately no longer be able to bring a lawsuit against the Chicago medical professional who caused you to be injured or ill due to their negligent medical actions.

Once the statute of limitations has passed, the Illinois courts will bar from being heard in court anyone seeking compensation for negligence. For this reason, you’ll need to work with your Illinois attorney to ensure that you are aware of the exact date that the statute of limitations began running before you should proceed with your claim.

Discuss Your Case with a Chicago Medical Malpractice Lawyer

When you’re ready to move forward with your lawsuit but aren’t sure if the statute of limitations has passed in your case, get in touch with a qualified Chicago medical malpractice lawyer at Lane Brown, LLC. You can schedule your complimentary case evaluation today by calling our office at 312-332-1400 or by completing the brief contact form we’ve included at the bottom of this page.