Medical Malpractice Laws in Illinois

 Posted on June 12, 2013 in Personal Injury

There are several different laws to be aware of if you are looking to file for a medical malpractice lawsuit; many of these laws vary state to state. It is important to be aware of the statue of limitations when filing for a medical malpractice lawsuit. The statue of limitations is the amount of time allotted for the plaintiff to file for a lawsuit against a health care provider. The statue of limitations for medical malpractices is one of the shortest and most severe out of any other lawsuit. The plaintiff, also, has to go through several different steps that they need to fulfill before they can sue the healthcare provider. If you do not fulfill these steps then it will delay the suit and may cause the plaintiff to miss the statue of limitation deadline.

The statue of limitations in Illinois is two years. You have to start the lawsuit within the two years of the time that you become aware of the problem. However, you have four years from when the malpractice occurred to sue the provider, no matter when you discovered the injury. If you find the injury after the four years, your case will be disregarded.

The filer has a statue of limitations of two years from discovery of the injury or four years from the negligent act. If the victim was younger than 18 years old when the malpractice occurred, then the statue of limitations is eight years, or when the victim turns 22, whichever comes first.

In 2010, the Illinois Supreme Court decided that there should be no damage caps for these cases. Currently, there are no limits on the amount of medical malpractice damage compensation in Illinois. However, this could be subject to change, so it is important to stay up to date on this law.

If a healthcare provider has harmed you or anyone you know and you feel like you deserve compensation, be sure to contact a lawyer. Call an experience Illinois Personal Injury Attorney today.

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