How long do you have in Illinois to sue for dental malpractice?

How long you have to file a dental malpractice lawsuit claim?

THANKS

[sandra]

Almost all medical malpractice cases require testimony from a medical expert. The facts are usually too complex for non-doctors to determine if the patient's doctor should be held liable for the patient's injury.

Illinois Medical Malpractice Law - An Overview

Rules for Expert Witnesses

An expert witness must be licensed in the same medical specialties as the defendant, and during the ten years preceding the filing of the complaint at least 75% of the expert's practice must have been devoted to treatment, teaching, or research relating to the treatment at issue.

Joint and Several Liability

Under the rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.

Statute of Limitations

Medical malpractice actions must be commenced within two years of the date of the act giving rise to the injury. If the injury cannot reasonably be discovered during that two year period, the lawsuit must be filed within four years of the date of the act giving rise to the injury. Under Illinois law, the Plaintiff may sue during a period of up to eight years after the act or occurrence giving rise to the claim, but under no circumstances after the age of 22.

Additional Rules

Illinois requires plaintiffs to file a statement with their complaint attesting that they have consulted a medical expert in relation to their medical malpractice claims.

The court may order arbitration where the amount at issue is less than $50,000.00.

There is voluntary or discretionary payment of future damages awards in amounts greater than $250,000.00.

Read more...

Illinois Medical Malpractice

The sooner the better as some rights can be lost in as little as 12 to 24 months.