Legal Question in Medical Malpractice in Illinois

Time Limit on Malpractice Suits

In May of 2000 I was diagnosed with a tumor of the larynx by a small town ENT; same day surg, was malignant, tumor was removed. I was let go. Two days later Dr called me at home, stated metastatic involvement now, neck, tongue. Wanted me back in surg. Would have to remove tongue. I refused. Scared me, I was alone (thoughts of suicide) my pcp then referred me to a well known, city dr (ENT) 1 week later. It had spread to my neck (not my tongue) Surg was

scheduled there and a total laryngectomy with radical neck disection; no radiation or chemo. luckily. I rec'd this

first dr's notes this past year, and read that he knew what

what all he had cut into at that time and could have referred me at that time to another ENT and done this surg, but he wanted to cut my tongue out. This worries me. It is now 2004. Is it too late to file suit against this dr if I do have a case, to get an attorney to look at these records? Need to know


Asked on 3/03/04, 9:42 pm

2 Answers from Attorneys
Jeffrey Friedman Law Office of Jeffrey Friedman

Re: Time Limit on Malpractice Suits

Based on what you have stated, you still may have time to bring a case. Please gather all of the records and contact my office for a free consultation.

Jeff Friedman

phone 312-357-1431

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Answered on 3/04/04, 9:03 am
A. Olusanjo Omoniyi Omoniyi Law Firm, P. C.

Re: Time Limit on Malpractice Suits

Judging by your time of discovery and description, the statute of limitation has not yet run on your case. According to your statement, you ["rec'd this first dr's notes this past year, and read that he knew what what all he had cut into at that time and could have referred me at that time to another ENT and done this surg, but he wanted to cut my tongue out"]. If you just discovered this in 2003 as you said, then time may be running on your claim. For medical malpractice cases in Illinois, generally the statute of limitation is that, you have 2years after knowledge of injury but in no event can the action be filed more than 4years from the date on which your injury occurred. Contact an attorney for prompt attention to your case. Good luck.

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Answered on 3/04/04, 2:21 am


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