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Overview of Medical Malpractice Claims (Part A)

If you have been the victim of medical malpractice you may be wondering how medical malpractice claims work in Illinois. Medical malpractice lawsuits can be very complicated and difficult to prove. Laws for medical malpractice are specific and may vary by state. If you have been the victim of medical malpractice in Chicago, you should contact a Chicago medical malpractice lawyer.

Illinois Statute of Limitations

Illinois has specific statue of limitations when it comes to filing a medical malpractice claim. You cannot pursue a medical malpractice claim if you do not file your claim within the state's statute of limitations, no matter how severe your injuries are.

In the state of Illinois you generally have 2 years from the date of the medical malpractice injury or from when you reasonably should have known about the injury to file your claim. If your injury occurred on April 1, 2009 then you have until April 1, 2011 to file your medical malpractice claim.

Under no circumstances can an individual bring forth a medical malpractice claim more than 4 years after the date of the medical malpractice injury.

There are exceptions to the statute of limitations with regard to an individual's age. If the individual was under the age of 18 when the injury occurred, then the statute of limitations is extended to 8 years from the date of the medical malpractice injury. However under no circumstances can a medical malpractice claim be filed after that individual's 22^nd birthday.

With regard to a wrongful death claim, the statute of limitations is 2 years from the date of the individual's death.

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