Legal Question in Medical Malpractice in Illinois

Medical Law

Eight years ago I suffered a mental illness following surgery. The hospital knew this and the mental health professionals I saw knew this, yet I was continually misdiagnosed to keep the problem hidden. I have lost everything and am currently disabled. How can I recover what I have lost.


Asked on 12/04/08, 7:40 am

2 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: Medical Law

In Florida,

b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. An "action for medical malpractice" is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. This paragraph shall not apply to actions for which ss. 766.301-766.316 provide the exclusive remedy.

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Answered on 12/04/08, 8:30 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Medical Law

You would have to hire an attorney, obtain all of your records and have an expert review the file to determine whether you can get around the Statute of Limnitatios and whether the care provided did not meet the appropriate standards.

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Answered on 12/04/08, 8:28 am


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