When you have been the victim of medical malpractice, it is very important that you understand your rights. You have a limited time to pursue a claim for compensation, and if you miss the deadline, your claim could be time-barred.
Gill Ports Hoste LLC can help you to ensure you meet the deadline and file your claim on time. Our firm has over 100 years of collective experience representing malpractice victims, so we can build a strong claim and move your case forward.
Give us a call to schedule your free consultation with a Chicago medical malpractice lawyer, or read on to learn more about the statute of limitations for a malpractice claim in Chicago.
What is the statute of limitations for a medical malpractice case in Chicago?
Under 735 ILCS 5/13-212, you must bring your medical malpractice claim within two years of the negligent act.
However, if you were not aware of the medical negligence immediately, you can bring your claim within two years of the time you discovered the issue, or reasonably should have discovered it.
The same statute also specifies that “in no event shall such action be brought more than four years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.”
This means that while you have some extra time in situations where the medical negligence is not immediately obvious, you still cannot bring decades-old claims. You must act within four years.
There are, however, some limited exceptions to the general statute of limitations. For example:
- If the malpractice victim was a minor under 18, you have eight years from the time the cause of action accrued, but the maximum deadline is the 22nd birthday of the child.
- If the victim of the malpractice is disabled, then the time period for the statute of limitations does not begin to run until the disability is removed.
- Under 735 ILCS 5/13-215, if the person responsible for the medical negligence conceals the cause of action from the plaintiff, then the plaintiff has five years from the date of discovering the negligence to take legal action.
It’s important to understand how these deadlines apply to your claim. If you miss the deadline, you will not be able to pursue legal action.
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Why it’s important to act quickly if you’ve been the victim of malpractice
You should act quickly if you have been the victim of medical negligence, not just because of the statute of limitations but also because you want to gather as much evidence as you can, as fast as you can.
Witnesses may not remember all of the details if you wait too long to make your claim, and evidence like lab results or medical records could be lost. You don’t want to take a chance of having a weaker case because you don’t start gathering your evidence immediately.
You also must obtain an Affidavit of Merit under 735 ILCS 5/2-622, so you need to find a medical expert to review your information and attest that there are likely grounds to move forward with a case
Contact a Chicago medical malpractice lawyer today
Gill Ports Hoste LLC has spent decades helping clients navigate the justice system after they were harmed by a medical care provider. To find out how a Chicago medical malpractice lawyer works at our firm and help you move your case forward, give us a call or contact us online today.