Is it true that in the state of Illinois you have 2 years to file a Malpractice/Wrongful Death Lawsuit against a Doctor in private practice, but only 1 year to file against a Public Hospital?
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Is it true that in the state of Illinois you have 2 years to file a Malpractice/Wrongful Death Lawsuit against a Doctor in private practice, but only 1 year to file against a Public Hospital?
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Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury. In no instance may a claimant bring an action more than four years after the date on which the alleged act or omission occurred.
If the claimant was under the age of eighteen when the cause of action accrued, the limitation period is eight years from the date of the alleged act or omission, except that in no event may such an action be filed after the minor claimant’s 22nd birthday. If the claimant is mentally incompetent, the period of limitations does not begin to run until the disability is removed.
Wrongful death actions are governed by a different two-year statute of limitations that begins to run on the date of death. However, such an action can only be brought if, on the date of death, the decedent could still have commenced a malpractice action for the injury that caused the death.
In addition, the limitations period in actions brought against a local entity or its employees (e.g., a public hospital) is reduced to one year from the date the injury was received or the cause of action accrued. This takes the place of the ordinary medical malpractice statute of limitations when you’re dealing with public entities.