When we have a child in desperate need for medical attention, we place our trust in the medical providers. In this instance, the last thing that we want to think of is wrongful/negligent acts being committed by such people. Yet, medical providers, occasionally, commit such wrongful/negligent acts.
Earlier this year, a doctor for a Chicago-based Rush University Medical Center performed a second operation on a baby less than one month following his first surgery. The doctor performed 24 more surgeries on the baby over the next 24 months. During surgery number 25, the doctor used a suturing device with the intent of repairing the baby’s esophagus. Apparently, using this device in such a way is inappropriate in deviation from the standard of care of a doctor in similar circumstances.
Ultimately, this use punctured the baby’s pulmonary artery. The baby now has irreversible brain injury and cerebral palsy. The family settled a medical malpractice lawsuit for $30 million.
Road Towards Compensation in IL
If you or a loved one are a victim of medical malpractice, you may be entitled to compensation. Said compensation includes, but is not limited to, pain and suffering, lost wages, medical expenses and loss of enjoyment of life. Yet, before you can be awarded compensation, there are several requirements that you must obtain.
First, you must file your lawsuit in time. This, of course, only applies if no settlement is reached in the case. Per Illinois Code of Civil Procedure 735 ILCS 5, you have two years to file your lawsuit with the IL court of proper jurisdiction. This two-year period begins to tick when you first become aware, or reasonably should have become aware, of the medical provider’s negligent or wrongful act.
Nevertheless, IL recognizes a four-year statute of repose period. What this means is that, regardless of when you first discover, or reasonably should have discovered, the malpractice, you may not file your case more than four years following the medical procedure.
Please note that there are a few exceptions to Illinois’ statute of limitations rules. You must be able to show that you fit in one of the following narrow exceptions to the rules. First, if you are below 18 years of age, and are injured by medical malpractice, you have up to eight years to file your lawsuit from the date of the medical procedure. Yet, you must file your lawsuit before reaching the age of 22. So, it is eight years from the procedure or before your 22nd birthday, whichever comes first.
Second, another exception occurs when your medical provider withheld certain information to hide their negligent or wrongful conduct. In this situation, the statute of limitations is five years from the date the cause of the injury is discovered.
Third, an additional exception occurs when the medical malpractice victim is physically or mentally incapable of filing a lawsuit. In this case, the statute of limitations will not begin to tick until the person’s disability is removed and the person is capable of filing the lawsuit. At this time, the person will have up to two years to file his or her medical malpractice lawsuit.
Contact a Malpractice Attorney
If you or your loved one are injured from medical malpractice, it is imperative that you hire an experienced attorney for your case. The Illinois medical malpractice lawyers at Levin & Perconti are here for you. Contact us today at 877-374-1417 or 312-332-2872 to schedule a FREE consultation on your case.
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