Illinois' Statute of Limitations Medical Malpractice - A Confusing Trap

A Statute of Limitations establishes the time period during which a particular legal claim must either be settled or a lawsuit filed seeking a recovery for damages (money) to compensate the person who has suffered legally recognized damages (pain, suffering, disability, medical expenses, lost wages, reduced earning capacity, etc....).

A Statute of Limitations is a matter that a defendant can raise in defense of a lawsuit to have the Court dismiss the case.  Therefore, it is crucial that lawsuits be filed within the applicable time periods set by the governing Illinois law.

The time period to file Medical Malpractice Claims in Illinois is governed generally by 735 Illinois Compiled Statutes 5/13-212. A lawsuit for medical malpractice must be filed within 2 years from when the claimant knows, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 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. A person under the age of 18 must have their cause of action filed no later than 8 years after the date of the act or omission or occurrence alleged in such action to have been the cause of such injury or death. If a person is suffering under a legal disability other than being a minor (i.e. mentally incompetent) then the statute of limitations to file does not start to run until the legal disability is removed. Finally, if there has been a "fraudulent concealment" of a cause of action 735 ILCS 5/13-215 by a person who is liable to a person entitled to bring a medical malpractice action then the aggrieved person has 5 years from discovering the concealment to bring the medical malpractice lawsuit.

Another special provision, exists for medical malpractice committed by Illinois State and Local Governmental Entities and their employees.  For example if the local County Hospital or its doctors or other employees commit malpractice the injured party must bring suit within one (1) year from the date of the occurrence or omission or occurrence alleged to have caused the medical malpractice injuries. One year is a very short period of time to realize you have a cause of action, to have it evaluated and then to file your lawsuit.

As you can see, the whole subject area of the Statute of Limitations for Medical Malpractice Actions in Illinois is complicated and you should consult with a qualified attorney to determine which statutes of limitation provisions apply or potentially apply to your fact situation.

If you would like a free consultation regarding Medical Malpractice in Illinois or on any other personal injury matter please contact my 24 hour telephone service at 847-362-2800.

Remember, the foregoing comments and information is not intended, nor is it legal advice.  You must consult directly with a qualified attorney to determine what is the appropriate legal option for you or your loved ones based on upon the unique facts of your individual situation.

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Regards - Attorney George M. Sachs