Legal Question in Medical Malpractice in Illinois
statute of limitation
Is there a statute of limitation for medical malpractice?
2 Answers from Attorneys
Re: statute of limitation
Yes - generally for adults (who were competent at the time of the malpractice), the statute of limitations is two years from when you knew OR when a reasonable person WOULD HAVE known of the malpractice.
(This area of the law is extensively litigated.)
Re: statute of limitation
Yes, generally two years from the date of the alleged negligence. If you are still within that time frame, you should consult with an attorney as soon as possible. In order to determine whether you have a good claim, the attorney must collect all of the medical records and then have them reviewed by a medical expert. This takes time, and most attorneys will not risk missing the statute by becoming involved late in the statute of limitations time period. If you would like to discuss this further, you may call me at my office during business hours. If I can not help you myself, I may be able to help you find another attorney who can.