Medical Malpractice Lawyer Chicago

As with all types of personal injuries, the amount of compensation a person is entitled to is entirely dependent upon the circumstances of their case. Compensation in a medical malpractice lawsuit is unique to the facts of the case and rarely are two medical malpractice cases exactly alike. Similarly, while a number of factors affect the length of time needed to resolve a medical malpractice claim, these suits generally take at least two years for a full resolution.

While a number of factors affect the length of time it takes to resolve a medical malpractice claim - such as the nature of the injuries involved, the type of medical procedures involved, and the state and court in which the suit is brought - generally these suits take at least two years for a full resolution.

Some cases will settle prior to trial, reducing the time to resolve the claim. If your case does go to trial, this may add anywhere from six months to several years to the time it takes to fully resolve your claim.

The statute of limitations provides a timeframe for filing a medical malpractice case against a practitioner or institution. A patient or their family are unable to file a medical malpractice claim after the statute of limitations expires. The timeframe differs from state to state, but typically hinges on the date of discovery. The date of discovery is the date the patient discovers or should have discovered the injuries. It can also be the date the patient discovers, or should have discovered, that the injuries were the result of medical malpractice. The date of discovery should be as well documented as possible.

In Illinois, a patient or their family has two years from the date of discovery of the injury to file a malpractice case. However, if the injury was not apparent and/or was caused by a foreign object left in the body, the statute of limitations may be extended to four years. In order to determine an accurate SOL, retain all medical records and correspondence with your practitioner and/or institution. Our team of medical malpractice attorneys will help you determine a clear date of discovery and statute of limitations.

Yes. There are exceptions in the three following situations:

• Minors: Children under the age of 18 have up to eight years from the date of the treatment that caused the injuries. Although, the filing must take place before the person’s 22nd birthday.  
• Fraud: The statute time frame extends to 5 years when it can be proven that the medical professional or healthcare facility purposely withheld information to conceal their negligence or improper care.  
• Disability: The statute of limitation time frame will only begin once a patient that was previously so incapacitated that they are physically unable to file a medical malpractice claim, is no longer physically prevented from filing.  

The very first step in your medical malpractice case is to reach out for a case evaluation. It is important that you put this process in motion as quickly as possible, so that we can do everything in our power to obtain the help you deserve.

When you first call our firm with a potential claim, your call will be forwarded to our Client Services department to complete an “intake”. During your intake call, you will speak one-on-one with an intake specialist who will ask you a series of pre-screening questions about your potential claim. While our intake specialists cannot offer legal advice or opinions during your call, when your call ends, the intake specialist you spoke with will pass along the details of your conversation to the appropriate attorneys in our office. Our attorneys will review the call notes and the answers you provided during your call to determine whether your case is one that a Meyers & Flowers attorney can assist with.