I had surgery in 2007. I have been told the med mal statute of limitations have expired even though date of discovery was last year. Can I take a doc to small claims crt in Illinois for damage to personal property (me)? And for failure to provide what I paid and breach of verbal contract?
1 Answer from Attorneys
If you only discovered your harm last year, then you may be well within the statute of limitations. It may have been tolled by what's called the "discovery rule." This is a highly fact-specific inquiry, and I'd advise you to consult with an attorney as to whether it applies.
Disclaimer: I am not your attorney; this is not legal advice.