Can You File a Claim for Medical Negligence After 3 Years? UPDATED

Thursday, March 27, 2025

Can You File a Claim for Medical Negligence After 3 Years? UPDATED

Written by Malman Law, reviewed by Steve J. Malman.

One of the most common and urgent questions about medical negligence is: “Can I Claim Medical Negligence after 5 Years?” This is an essential point for those suffering an injury from medical malpractice. Knowing how statutes of limitations and exceptions apply to your situation is key to safeguarding your rights.

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Malman Law focuses its practice on assisting those involved in such cases. In Illinois, the context in which you file a medical negligence claim will determine how much time you have to file the claim. This blog does just that, starting with Illinois’ medical malpractice statute of limitations and exceptions, so you know whether you still have the buttoned-up time frame to file a claim, even if you missed the three-year window after the accident.

Illinois Medical Malpractice Statute of Limitations

To the untrained eye, the Illinois statute of limitations for medical malpractice claims appears long and potentially favorable to plaintiffs. Generally speaking, the law gives you two years to file a claim once you learn — or should have reasonably learned — that an injury resulted from medical malpractice. That means the clock starts running when you know a healthcare provider has been negligent in your care. Still, knowing the exceptions, caveats, and other aspects of this law are critical, as they can influence whether you can get your day in court.

General Rule

In Illinois, you must file a medical malpractice claim within four years of the date the negligence occurred, even if you discover the injury later. This is the statute of repose, an absolute deadline for filing claims. For instance, if a medical error occurred on January 1, 2020, you have until January 1, 2024, to file a lawsuit—regardless of when the injury was discovered. This rule is designed to bring finality to potential litigation and prevent claims from being filed indefinitely after the alleged malpractice.

Minors

There are additional rules for people who were under the age of 18 at the time the malpractice took place. In these cases, minors have up to eight years from the date of the injury to file a claim under Illinois law. However, no claim can be filed after the individual turns 22, regardless of when the injury occurred or how much time remains in the eight-year window. So, if an error in the child’s medical treatment happened when a child was 16, they would have just six years (until they turn 22) to file a lawsuit, not the full eight years. This rule protects the right of minors to promptly pursue claims while also prescribing a reasonable period within which claims may be made.

Legal Disabilities

If the injured person was legally incapacitated when the malpractice occurred, the statute of limitations is suspended or “tolled.” The two-year claim period, however, will not start until the disability has been resolved or removed. Legal incapacitation may arise from severe mental illness or from other conditions that render someone incapable of taking legal action. When the disability is removed, the injured individual has two years to bring a lawsuit.

Concealed Malpractice

Under Illinois law, some extra protections exist when a healthcare provider deliberately hides medical malpractice. Victims have up to five years from the date they discover or reasonably should have discovered, the concealed malpractice to file a claim. Concealment can include falsifying medical records or not telling the patient about a mistake. However, once negligence is discovered, acting fast is crucial because there is only a short time to do so.

Understanding these deadlines is crucial to protecting your rights. Illinois medical malpractice laws are complex, and consulting an experienced attorney can make all the difference in your case. A legal expert can assess your case, ensure you meet all deadlines, and assist you in seeking justice for medical malpractice.

Understanding the Discovery Rule

After a medical procedure is completed, it can take months or even years for an injury to be noticeable enough to be discovered or might result in a different injury. There are many scenarios in which someone might not realize they have been a victim of medical malpractice for quite some time. For example, during surgery, if a small piece of gauze or other object is left behind and not cleared away, infection or discovery of the issue might not occur until months later.

For situations like this, where the injury is not recognized immediately, the discovery rule allows the statute of limitations to begin on the date that the object is discovered instead of the date when the initial surgery was performed.

When Should You Have Recognized the Injury?

In a medical malpractice suit that extends beyond the standard statute of limitations, the defendant might argue that you should have recognized the injury much earlier. This is one reason that it is important to seek medical attention as soon as you discover the injury; this can help show the discovery date. There are two different ways that you can claim your discovery date, it is either:

1. The date that a standard person would recognize the injury.
2. The date that you were notified of the injury with written notification.

The important thing is that you never ignore signs of a possible medical complication. Doing so can cause issues when you try to claim a discovery date. Get a medical evaluation as soon as you suspect something is wrong.

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases.

STEVE J. MALMAN

Founding Attorney

What Can You Sue For in a Medical Malpractice Claim?

A medical negligence lawsuit isn’t just about holding the healthcare provider accountable; it’s also about obtaining compensation for the bodily, emotional, and financial hardships you’ve suffered. Here’s what makes it in your claim:

• Medical Bills: The bill for any past or future medical costs incurred due to malpractice, including surgeries, prescriptions, follow-up treatments, etc.
• Rehabilitation Costs: These include the cost of therapies and recovery.
• Lost Wages: Payment for time away from work and diminished earning capability.
• Transportation: The cost of traveling to medical appointments.
• Pain and Suffering: Financial reimbursement for emotional and physical suffering affecting quality of life.

Knowing what you’re entitled to guarantees that your claim includes the full extent of damages you suffered. An attorney with knowledge of medical negligence can ensure these costs are accurately calculated.

Contact an Experienced Chicago Medical Negligence Lawyer Today

Many people who have experienced medical negligence suffer in silence because they are too uncomfortable or unsure of how to ask for help.  At Malman Law, we understand how difficult it is to try to manage the aftermath of a botched medical procedure that leaves you with a painful injury.  Contact us today to speak with someone from our team to schedule a free initial consultation and learn more about your options. We are here and ready to help.