If you believe you have been injured due to medical malpractice and you are interested in possibly pursuing a lawsuit for damages, it is essential to be aware of time limits for filing a claim. The time limits vary depending upon several factors, including, whether the claimant was a minor at the time of injury and when the claimant discovered the injury. A medical malpractice attorney, with knowledge of the relevant statutes, rules, and case law, is an invaluable resource and can answer your questions regarding these time limits, and, if you choose to pursue a claim, can be by your side to ensure the best possible outcome.
A medical malpractice claim is one brought for damages arising from injury or death against hospitals or other entities that provide health care services; employees of such entities, acting within the course and scope of their employment; physicians; dentists; nurses; pharmacists; or other medical care providers. Every state has a statute of limitations, a time limit within which a lawsuit must be filed in court. In Missouri and Illinois, generally, the limit for filing a medical malpractice claim is 2 years from the date of injury or from when the injury was discovered or, in the exercise of reasonable care, should have been discovered.
In Illinois, if the claimant was a minor at the time of injury, the time limit for filing a medical malpractice claim is 8 years from the date of injury, but in no event may the action be filed after the claimant’s 22nd birthday. In Missouri, a claimant injured while a minor has 10 years from the date of alleged injury or until his or her 20th birthday to bring a medical malpractice action, whichever is later.
The time limit for filing a medical malpractice claim depends on the circumstances. With the help of a knowledgeable attorney, you can determine if your claim is viable. For more information, contact us.