In Illinois, a patient has up to 2 years from the date the patient knew or should have known of their injury to file a medical malpractice claim. However, the claim must be brought within no more than 4 years from the date the medical malpractice occurred.
A couple exceptions to the two year rule exist: Minors (children under 18) have up to 8 years to file a medical malpractice claim. However, in no event may the medical malpractice claim be brought after the person’s 22nd birthday. In the case of a patient who is under a legal disability (other than being under the age of 18), the period of limitation to file a medical malpractice claim does not start until the patient’s disability is removed.
If you are questioning whether or not you are within the time frame to file a medical malpractice claim, contact our experienced medial malpractice attorneys for expert counsel.