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

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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 8 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.


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