How long do I have to file a lawsuit for medical malpractice?

Get Legal Help Today

 Secured with SHA-256 Encryption

How long do I have to file a lawsuit for medical malpractice?

I went to the hospital with a broken jaw and they said I had strep throat. I went back 2 days later to find out my jaw was broken in 4 spots and 1 of them was a compound fracture.

Asked on February 17, 2016 under Malpractice Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In your state, you can sue for up to at least 2 years after the malpractice (sometimes you can get longer, but it's at least 2 years).
But what are you suing for? In a malpractice case, you can only get 1) the additional medical costs (ones you would not have had to pay otherwise) caused by the malpractice; 2) lost wages, if any; and 3) for malpractice causing significant disabilty or life impairment lasting many weeks or more, some amount of "pain and suffering"--though unless you're talking months, years, etc. of disability, this would likely not be a large number. 
The malpractice you're talking about is basically 2 days of pain and a 2-day delay in treatment. Unless that delay caused some major complication and disability and additional costs, you could not recover enough money for a two-day delay to even cover the cost of a lawsuit. You would lose money by suing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption