Is there a statute of limitations on medical malpractice? In most cases, there is a two–year statute of limitations for injuries arising from medical malpractice, but this may be extended for late discovery, minors, or incapacitated individuals.
A Chicago medical malpractice lawyer from Postman Law can evaluate your case to determine what time limits apply to your circumstances.
Medical Malpractice Claims Must Generally Be Filed Within Two Years of Injury
The statute of limitations on medical malpractice claims is limited to two years under Illinois law. This applies to healthcare injuries caused by doctors, nurses, hospitals, and dentists. The clock generally starts from the time you were injured or when you should have reasonably known that you had an injury. This doesn’t apply indefinitely, and Postman Law can provide additional clarity on the matter.
If a statute of limitations expires and no action has been taken within that time, individuals are prohibited from attempting to do so in the future. This means that the full weight of your medical expenses, lost income, and other losses must be paid out of your own pocket. These kinds of costs can be ruinous for victims and their families, so avoiding delays is paramount for enforcing your right to file your lawsuit.
Additionally, the standard statute of limitations for medical malpractice also applies if your loved one has died because of a medical provider’s negligence. However, family members can represent the decedent and seek compensation on their behalf. This can help offset final medical expenses, the cost of the funeral and burial, and other losses that you have incurred since your loved one’s death.
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Medical Malpractice Claims are Subject to a Four-Year Statute of Repose
One of the challenging parts of medical malpractice is that you may not realize you were the victim of negligence for some time. The more time that passes, the harder it can be to connect your injuries to malpractice, observationally and legally. This means that discovery of medical malpractice can be delayed, which can push the boundaries of the typical statute of limitations (735 ILCS 5/13-212).
The deadline to take action can be extended under these circumstances, so you can still pursue your losses. However, Illinois applies a statute of repose to medical malpractice claims, which provides that no claim may be filed more than four years after the initial injury. This can impact your rights if you discovered your injury later, since this is the maximum time limit.
Since delayed discovery can restrict your time to act, even under the four-year timeline, you should reach out to Postman Law immediately. We can help you protect the remaining time you have to act and implement strategies that deliver results quickly. Our attorneys work efficiently to strengthen your claim and preserve your ability to get positive results.
Exceptions to the Statute of Limitations Exist for Minors and Individuals With Disabilities
The medical malpractice statute of limitations can also be extended for victims who were injured as minors, were legally disabled when the medical error occurred, or developed a disability before the statute of limitations expires. These situations are handled differently, and Postman Law can discuss what this means for you or your loved one’s case if one of these situations applies to you.
In the case of minors, claims must be filed within eight years of the injury they sustained. For older minors, their cutoff for filing a claim ends once they turn 22 years of age, which could leave victims with less than eight years to initiate a lawsuit. For younger minors, parents may file a medical malpractice claim on their child’s behalf before the eight-year limitation period expires to ensure recovery.
When victims of malpractice are disabled or develop a disability, the statute of limitations is stopped for the period of time they are legally incapacitated and restarts when they recover. In the event that the disability is permanent, family members or legally appointed guardians can consult with a lawyer to determine if they can file a claim on the victim’s behalf.
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How We Can Help You Protect Your Medical Malpractice Claim in Light of the State’s Statute of Limitations Period
Delaying your claim is one of the biggest ways you can hurt the outcome of your case, especially if your injuries do not materialize until later. With limited time to file your claim, you should contact Postman Law so you don’t endanger your ability to hold medical professionals accountable. Our attorneys tailor our counsel to your personal needs and the timeline of your medical malpractice case.
Our team also explains what patients need to know about duty of care and medical negligence, as this must be demonstrated in your case. Establishing a healthcare provider’s liability can take time, and delays can jeopardize that process. When you reach out to us early, we can spend more time gathering evidence to strengthen your case, actively presenting your claim, and negotiating the settlement value.
Additionally, the type of evidence available in your case can make a difference in how much time is needed to attain an outcome. Quality and quantity matter, and your lawyer can help you fill in any gaps to reduce the time it takes to navigate your case. Early preparation, thorough organization, and detailed records can also streamline the claims process by minimizing logistical delays in your case.
Seek Skilled Legal Representation to Successfully Navigate the Statute of Limitations in Your Case
Learn more about Postman Law and the statute of limitations that applies to your case when you email or call our offices. We evaluate your case to identify deadlines and other considerations that affect your rights, potential case, and outcome.
Our attorneys get to work developing a strategy that gives you confidence in our ability to deliver results before time runs out.