{"id":373124,"date":"2016-03-31T21:35:14","date_gmt":"2016-04-01T02:35:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-medical-malpractice-statute-of-limitations.html"},"modified":"2016-06-20T19:50:52","modified_gmt":"2016-06-21T00:50:52","slug":"illinois-medical-malpractice-statute-of-limitations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-medical-malpractice-statute-of-limitations.html","title":{"rendered":"Illinois Medical Malpractice: Statute of Limitations"},"content":{"rendered":"\n
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Illinois Medical Malpractice: Statute of Limitations<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

You went in for a simple outpatient procedure in the middle of the sweltering Illinois summer. Now you’re watching the snow fall and ringing in the holidays from your hospital bed — your home away from home for the past four months. Where did it all go wrong? You’re not sure, but between the outpatient procedure, your frantic transfer to the ICU, and your painfully slow recovery, you’re certain someone was at fault for something.<\/p>\n

Do you wait and see how your recovery proceeds before looking into a malpractice case? Or should you look into it right away? Read on to learn about the role the statute of limitations plays in filing malpractice claims in Illinois.<\/p>\n

The Statute of Limitations<\/h2>\n

If you believe you or a family member was injured, or worse, a family member died, as a result of medical malpractice<\/a>, it is important that you check into the situation sooner, rather than later. This is important because the law imposes a time limit on how long an individual has to pursue a legal claim. This time limit is called the "statute of limitations<\/a>." Illinois law places these limitations on most types of cases, including medical malpractice claims. If you do not file your claim within the statute of limitations, you may be forever barred from bringing your claim — even if you have a valid case.<\/p>\n

Courts in different states have different views on when exactly the clock starts running on the statute of limitations deadline to file medical malpractice cases. These differences reflect the various ways in which courts try to balance protecting the injured parties versus allowing medical providers to effectively defend themselves while records and witnesses to the case are still available. Some ways courts determine when to start the clock on the filing deadline include, from the time:<\/p>\n