When medical professionals make mistakes, the consequences can be life-altering. If you or a loved one has suffered due to medical negligence in Illinois, it’s crucial to understand your legal rights — especially the statute of limitations, which determines how long you have to file a lawsuit.
At the Dinizulu Law Group, we are committed to helping victims of medical malpractice seek the justice they deserve. This guide explains Illinois’ medical malpractice statute of limitations, exceptions to the rule and why acting quickly is essential for your case.
What Is the Statute of Limitations for Medical Malpractice in Illinois?
The statute of limitations is the legal deadline for filing a lawsuit. In Illinois, medical malpractice victims generally have:
- Two years from the date they knew or reasonably should have known about the injury to file a claim.
- A maximum of four years from the date the malpractice occurred, regardless of when it was discovered.
This means that even if you don’t realize you were harmed right away, you cannot file a claim more than four years after the negligent act took place.
Exceptions to the Statute of Limitations
While the two- and four-year rules apply in most cases, there are important exceptions that may extend the time to file:
- Cases Involving Minors
If the victim is a child (under 18), Illinois law allows more time to file a lawsuit if the statute of limitations extends to eight years from the date of the malpractice. However, a claim cannot be filed later than the child’s 22nd birthday, even if the eight-year period hasn’t passed.
- Cases Involving Fraud or Concealment
If a doctor or medical provider fraudulently conceals their negligence, the victim has five years from the date the malpractice was discovered to file a claim.
- Cases Where the Victim Is Legally Disabled
If the injured party is legally disabled at the time of the malpractice, the statute of limitations may be paused (also called “tolled”) until the disability is lifted.
Why Acting Quickly Is Crucial
Even though you may have up to four years to file, waiting too long can hurt your case. Here’s why:
- Evidence Can Be Lost – Medical records, witness testimony and expert opinions are crucial in malpractice cases. The longer you wait, the harder it may be to collect strong evidence.
- Doctors and Hospitals Will Fight Back – Medical providers and insurance companies will use every possible defense to dismiss or reduce your claim. Filing promptly strengthens your position.
- Delays Could Lead to Case Dismissal – If you miss the deadline, your case will likely be thrown out, leaving you without compensation for medical expenses, lost wages, and pain and suffering.
What to Do If You Think You Have a Medical Malpractice Case
If you suspect that medical negligence caused your injury or worsened your condition, take these steps immediately:
- Seek Medical Attention – Get a second opinion to address any ongoing health concerns.
- Request Medical Records – Your records will be key evidence in proving negligence.
- Document Everything – Keep track of symptoms, treatments and how the malpractice has affected your life.
- Contact an Experienced Medical Malpractice Attorney – A lawyer can evaluate your case, gather evidence and help you navigate the legal process.
Let the Dinizulu Law Group Fight for You
Medical malpractice cases are complex, but you don’t have to face this battle alone. The experienced attorneys at the Dinizulu Law Group have a proven track record of holding negligent healthcare providers accountable and securing maximum compensation for victims.
If you believe you have a medical malpractice case, don’t wait! Contact us today for a free consultation and let us help you get the justice you deserve. Call (312) 384-1920 now!
