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Frequently Asked Questions about Illinois Medical Malpractice
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How long do I have to file a malpractice lawsuit in Illinois?
This depends on the statute of limitations. A statute of limitations tells us the length of time someone has to file a lawsuit or be barred from filing a claim. Each state has a different statute of limitations and many times it depends of the circumstances of the case when dealing with personal injury claims. In Illinois, the period may be as short as one year or as long as eight years or more depending on your mental state. It is very important to be aware of the statute of limitations in your state because this will determine your time limit as to when you have to file in court. If this information is not obtained, the time period could expire making it impossible to file a lawsuit. An Illinois attorney would be able to look at the details of your individual case and tell you how much time you have to file.
Have I waived my rights to file an Illinois medical malpractice case because I signed a consent form?
A consent form does not give an Illinois health care provider the right to commit medical malpractice. The health care provider still has the duty to meet the standard of care associated with the treatment.
How long does an Illinois medical malpractice lawsuit take?
Like any lawsuit, it generally depends on the case. Medical malpractice cases in Illinois are complex and time intensive. They require medical experts as witnesses and can often take years. As a result it is best to have your case reviewed by an attorney as soon as possible. This is true for almost all types of medical malpractice cases whether they be in a large city like Chicago or a smaller town in rural Illinois.
Do all Illinois medical malpractice cases go through lengthy trials?
Not all Illinois malpractice cases go to court. Once again, it depends on the situation, and many times it is possible to reach a settlement outside of court.
What should I do first if I think I have an Illinois medical malpractice case?
It is best to speak to an Illinois attorney. Potential medical malpractice cases are complex and require expert analysis. An Illinois lawyer is able to look into the situation and confer with medical professionals to determine if you have a malpractice case that is worth pursuing.
If you have additional questions about Illinois medical malpractice laws or would like a referral to an experienced Illinois medical malpractice lawyer please do not hesitate to contact us. All calls and e-mails are free and confidential.
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