Illinois Medical Malpractice Statute of Limitations

Published on: 11/10/23 — In 

The Illinois medical malpractice statute of limitations for healthcare professionals varies by state, usually providing patients or their families with a window of two to three years to submit a medical provider malpractice claim.

If there is a belief that a patient was harmed due to medical professional negligence, it is advisable to consult with a knowledgeable medical treatment malpractice lawyer promptly. The medical malpractice lawyer can evaluate the strengths of the case and offer guidance on the filing procedure and pertinent laws.

It is crucial to act quickly, as the Statute of Limitations Laws expiration means the court will not accept a medical malpractice damages claim, regardless of its merit. Those affected by medical negligence should understand the consequences and take preventive action.

Contact Ktenas Injury Attorney's medical malpractice lawyers for more details regarding your case! Call at (312) 300-2515 to schedule a free consultation.

What Constitutes Medical Malpractice in Illinois?

Medical malpractice in Illinois is legally defined as the failure of a healthcare provider to meet the expected standards of care, resulting in harm or death of the patient. It encompasses various acts such as misdiagnosis, improper treatment, failure to provide necessary care, incorrect prescription of medications or devices, denial or delay of medical assistance, birth injuries, and surgical mistakes. For an act of malpractice, it must deviate from accepted medical standards, and the patient must experience an injury or death as a direct consequence.

Medical Malpractice Statute of Limitations

In Illinois, the statute of limitation for medical malpractice personal injury claims is two years from the date of injury or from the date the individual became aware of their injury.

Chris Ktenas discussing his client's medical malpractice case

Failing to file a medical malpractice victim lawsuit during this time frame may result in the claim being barred by the statute of limitations, preventing further legal action.

Statute of Limitations for Birth Injuries

The statute of limitations for health care providers' medical malpractice claims involving birth injuries in Illinois is typically two years from the injury or discovery, although there are certain circumstances where the statute of limitations can be extended.

For instance, if a child couldn't discover the injury until later due to their maturity level, the statute of limitations may be extended. Similarly, if parents only discovered the injury later in life, the two-year clock starts from their reasonable discovery. This extension allows families to pursue legal action beyond the normal statute of limitations.

Statute of Limitations for Children Injured by Medical Errors

Illinois has specific statutes of limitation laws for medical malpractice claims. These laws determine the time frame for filing a healthcare professional's medical malpractice claim. The statute of limitations for children injured by medical errors and lack of care provided is different from that for adults. The child must file a claim before their 22nd birthday.

In Illinois, if a child is injured due to medical malpractice, the parents or guardians must file a lawsuit within two years of the injury or when they reasonably should have discovered it. This means that even if the parents didn't discover the injury until later, they still have the right to pursue legal action.

Statute of Limitations for Left-Behind Surgical Objects

In the state of Illinois, there are specific statutes of limitations or reasonable diligence for medical malpractice claims, surgical errors, and claims related to left-behind surgical objects by healthcare professionals.

a gavel and book next to a stethoscope

These statutes require the injured party to bring their claim within two years from the date of the injury or within four years from when the injury was discovered, whichever comes first.

How Long Do You Have to Sue for Medical Malpractice in Illinois?

Individuals in Illinois who have experienced medical malpractice by medical personnel must act quickly to protect their legal rights. The state has a statute of limitations for medical malpractice claims. This sets the amount of time an individual has to bring a lawsuit against a healthcare provider.

In Illinois, the statute of limitations for medical malpractice claims is two years. Additionally, any medical condition negligence lawsuit must be filed within four years of the date of the act or omission that caused the injury. Failure to file a medical malpractice lawsuit within these limits may result in being forever barred from bringing legal action against the healthcare provider.

What Happens After the Statute of Limitations Has Passed?

When the Illinois medical malpractice statute of limitations has passed, the medical malpractice plaintiff (the person bringing the lawsuit) is prevented from filing a claim for damages due to medical negligence or medical care malpractice.

This means that any potential case for physical trauma or improper care that may have been brought against a healthcare provider or institution will not be able to be pursued in court.

In some cases, exceptions can be made to the time limit rule and an additional period may be given if the statute of limitations is waived or tolled.

How Long Will It Take to Resolve a Medical Malpractice Case in Illinois?

The time it takes to resolve a medical malpractice case in Illinois depends on many factors, including the complexity of the case, whether both parties agree to settle out of court or go to trial, and how quickly each party completes their required tasks. Generally, most cases take between two and four years to resolve.

a book about medical malpractice next to a stethoscope and gavel

In Illinois, medical malpractice cases are subject to a statute of limitations of two years from the date of the injury or four years from the date of discovery, whichever occurs first. Furthermore, the resolution of a medical malpractice case generally takes between two and four years. It is important for individuals who have suffered due to medical negligence to act quickly to ensure their legal rights are protected.

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

If you believe that you have experienced medical malpractice, it is important to take action as soon as possible. In Illinois, a medical malpractice claim must be filed within two years of the alleged incident or four years if the injury was not immediately discovered. It can be difficult to make sure that your case is filed on time and within the correct statute of limitations.

A personal injury lawyer can help you to make sure that your claim is filed on time and that all the necessary paperwork is completed correctly. A medical malpractice attorney can also help to investigate the incident, gather evidence, and negotiate with insurance companies to get you the best possible outcome.

Call Ktenas Injury Attorneys Today!

If you or a loved one has been injured as a result of medical malpractice in the state of Illinois, you must take action as quickly as possible. The state of Illinois has a two-year statute of limitations for filing medical malpractice claims, meaning that if you wait too long to pursue legal action, your case may be dismissed and you could lose your right to damages. That is why it is essential to consult with a medical malpractice attorney as soon as possible.

At Ktenas Injury Attorneys, we have over 30 years of experience representing victims of medical malpractice in the state of Illinois. We understand the complexities involved in such cases and are dedicated to getting you the justice you deserve. Contact us today for a free consultation.