Legal Question in Medical Malpractice in Illinois

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?

Asked on 8/01/13, 10:23 am

1 Answer from Attorneys

Chen Kasher Chen Kasher
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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.

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Disclaimer: I am not your attorney; this is not legal advice.

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Answered on 8/10/13, 10:52 pm

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