Legal Question in Medical Malpractice in Illinois
Tolling of medical malpractice statutes
My question is this..I have a friend who had major brain surgery..at the expense of the doctor suffered a stroke and was paralyzed on one side. For a long time his records were closed and I think the doctor tried to cover his rear. This patient is 22 yrs old has to go to occupational therapy weekly and I feel that there is still time to investigate this. I have searched statute books that state Illinois statute runs out after 4 yrs of incident and if patient is over 22..I also read that some states can suspend a statute if there was concealment of injury or if there was intentional misrepresentation..I am not a law student so correct me if I am wrong..what i would like to know is can this be tolled? I want him to seek legal advice and dont know exactly which way to guide him..he will turn 23 in May.
thank you for your help in this matter.
1 Answer from Attorneys
Re: Tolling of medical malpractice statutes
Call an experienced malpractice lawyer in your state. You might be able to get an answer very quickly with a few phone calls. You are correct in that some states have special rules that allow for the statute of limitation to be tolled. You want to avoid having to make that argument if you can. I do not know what it is in Illinois. If you would like some names give me a call and let me know where you are in Illinois.
David Austin
Burke & Eisner, P.A.
401 Gilford Ave, Suite 125
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