Under Illinois law, victims of medical negligence must file a lawsuit within a certain time after the malpractice occurred. However, medical malpractice can be hidden for many years before a patient discovers his or her injury.
If you find yourself in this situation, you may wonder whether you can sue for medical malpractice years after the treatment. While the deadline can be extended in some circumstances, Illinois does set strict limits on when you can file this type of claim.
The Medical Malpractice Statute of Limitations in Illinois
Under Illinois law, civil lawsuits are subject to rules known as the statute of limitations. You must file your claim within the specified deadline imposed by statute of limitations, or the court will likely dismiss your claim.
For medical malpractice lawsuits, you must file your claim within two years on the date which you knew about or reasonably should have known about your injury. According to 735 ILCS section 5/13-212(a), you cannot file your lawsuit more than four years after the date of the initial malpractice.
Exceptions to the Medical Malpractice Statute of Limitations
There are two common exceptions to the medical malpractice statute of limitations. One depends on the date that you discovered your injury, and the other depends on the age that you were at the time of the injury.
In some cases, you may not know about the malpractice for years following the initial event. In these situations, you can file your lawsuit within two years of the date that you discovered the injury. However, the statute of repose prevents medical malpractice victims from filing a lawsuit more than four years after the date of the malpractice.
If you are under the age of 18 at the time of the incident, you can sue for medical malpractice within eight years from the date of the malpractice. However, you cannot file your claim after your 22nd birthday.
What to Do After Experiencing Medical Malpractice
While you could extend your filing deadline by a couple of years, you cannot file your claim more than four years after the date of the malpractice. For these reasons, it is crucial to speak with an experienced Chicago medical malpractice attorney as soon as possible to determine your case eligibility and take the first steps toward filing your claim.
After the incident, take the following steps to begin documenting evidence for your future case:
- Stop receiving medical care from the at-fault provider. Visit another doctor and receive a second opinion about your injuries or medical condition.
- Request all medical records related to the malpractice. Make sure to request records from the at-fault provider as well as your new physician.
- Begin a journal. Each day, record how the malpractice has affected your physical, financial, and emotional well-being.
- Continue to save all pieces of evidence related to your damages, such as medical bills, correspondence with your employer, and pay stubs.
Once you seek the help that you need and gather this initial evidence, speak to a personal injury lawyer as soon as possible. Do not speak to the at-fault provider, his or her insurer, or a defense attorney until you consult with a lawyer. Your attorney can help you identify your appropriate filing deadline and take your first steps toward recovery.
