Legal Question in Medical Malpractice in Illinois

1 child 3 miscarriages and 13 years later....

I would like to find out how long i have to file a suit against a dr/dr.'s for malpractice.

I had my firts child at 16 and have had 3 misscarriages and had to have a full hysteroctomy due to a dr preforming over 17 surgeries(close to 30 in all)

and still have only one child.and can no longer have children


Asked on 12/11/06, 9:00 am

1 Answer from Attorneys

Matt Belcher Belcher Law Office

Re: 1 child 3 miscarriages and 13 years later....

QUESTION:

I would like to find out how long i have to file a suit against a dr/dr.'s for malpractice.

ANSWER:

Generally, you have two years from when you knew - or should have known* - about the malpractice to file a lawsuit.

That is different from two years from when the malpractice occurred - it is more often two years from the appearance of the injury from the malpractice.

There are also special circumstances involving minors, disabled people and when there has been a concealment of the malpractice by the medical professional when it may be longer. There are also circumstances when it may be shorter.

It is always a better to provide specific facts, dates and providers to get a more accurate answer to the question.

It is helpful to remember that most medical malpractice lawyers will provide an initial consultation without charge so it is the best course of action to gather ALL of the medical records and make an appointment with a few lawyers whose credentials you can verify.

Good luck!

Matt Belcher

(*What "should have known" means is a fact-specific question and usually relies upon the reasonableness of the discovery and the nature of the damage caused by the malpractice.)

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Answered on 12/11/06, 11:54 am


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