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DEADLINES - Statute of Limitations in Medical Malpractice

Statute of limitations is the amount of time a person has to file a lawsuit. This means if the lawsuit is not filed before the deadline expires, the individual may have to forfeit their right to file a lawsuit for their injury claim.


The purpose of a statute of limitations:

  • To incentivize those who have been injured to file a lawsuit in a timely manner.

  • To encourage lawsuits to be filed while the evidence is fresh.

  • To alleviate the fear of unexpected lawsuits resulting from events that may or may not have happened long ago.




The Statute of Limitations on Medical Malpractice in Illinois

The deadline to file a medical malpractice case in Illinois can vary due to certain factors such as for patients under the age or 18 or patients under legal disability, but generally two years from the time the malpractice was discovered or reasonably should have been discovered. However, Illinois limits medical malpractice lawsuits to a maximum of four years regardless of when discovered unless fraud or other such concealment prevented the discovery of the injury called the Statute of Repose.


The Statute of Limitations on Medical Malpractice in Minnesota

The deadline to file a medical malpractice case in Minnesota also varies, but generally is four years and the limitations period begins as soon as patients experience some harm due to medical negligence. However, the exact nature or extent of the harm doesn't have to be knowable. There are some exceptions such as not being able to locate the medical provider or the provider leaving the state. Also, minors under the age of 18 may have the clock suspended until one year after their 18th birthday, but no longer than seven years.


The statute of limitations is very important. If you have any questions, please contact ESR Law Group about your medical malpractice case in Illinois or Minnesota.




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