Legal Question in Medical Malpractice in Illinois

my mom

what is he time limit to file a medical malpractice lawsuit?


Asked on 4/02/08, 6:34 pm

2 Answers from Attorneys

Matthew Willens Willens Law Offices, P.C.

Re: my mom

In general, the time limits for bringing suit against a physician or hospital are governed by 735 ILCS 5/13-212 which, as relevant, states:

No action for injury . . . against any physician . . . arising out of patient care shall be brought more than two years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than four years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death . . .�

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Answered on 4/02/08, 6:49 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: my mom

Generally, two years. However, there are exceptions to the rule.

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Answered on 4/02/08, 10:21 pm


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