It is possible to bring a medical malpractice lawsuit in the state of Illinois if you have suffered harm due to the negligent medical treatment of a doctor. You may also bring the same lawsuit against a health care provider or hospital. There are some rules that govern medical malpractice lawsuits in the state. If you plan on pursuing a medical malpractice lawsuit,it is in your best interest that you familiarize yourself with the following laws in Illinois and acquaint yourself with a malpractice attorney .
In the state of Illinois,you must abide by the statute of limitations. This law dictates how much of time you have in which to file a lawsuit against the guilty party. In most cases for medical malpractice,you have two years from the date that you discovered the harm or injury as a result of receiving medical treatment,in which to file a lawsuit.
There is also a statute of repose which states that,regardless of when you discover that you are harmed by a doctor or medical professional,you have only four years in which to file a lawsuit. Failure to do so within the four years means that you forfeit your right to do so. If you plan on taking the case to court after the four-year limit,it will probably be thrown out for being time-barred.
Patients who are under the age of 18 would have to abide by other laws,as well. However,it is suggested that you speak to a medical malpractice attorney in Illinois who will advise you on the complex rules that apply to patients under the age of 18.
In addition to filing a lawsuit for medical malpractice in Illinois,you will also need to create an affidavit that must be submitted along with the lawsuit. This requirement is called an affidavit of merit. It states that your attorney has reviewed the case with a qualified health care professional who practices in the same area of medicine. It should also state that the medical professional is knowledgeable with this area of medicine,practices in the same area of medicine and is competent and experienced when it comes to this specific area of medicine.