How Long Do You Have to Sue a Doctor After Surgery?

Learn More if and When You Need a Medical Malpractice Attorney

If you had surgery and believe that your surgeon made an error or was otherwise negligent, you may have a valid legal claim to seek compensation.

However, you need to be aware of certain limitations and timelines to ensure you can successfully file a lawsuit. 

The time limit to sue a doctor after surgery, known as the statute of limitations, varies by state and depends on several factors, such as when the injury was discovered. 

In Illinois, the statute of limitations or deadline to file a medical malpractice lawsuit is 2 years from when you knew or reasonably should have known about the injury, but that time limit may be extended to four years if the injury wasn’t discovered immediately.

Wrongful death cases or survival action claims related to surgeries may have different deadlines than standard malpractice claims.

What is the Statute of Limitations for Malpractice Lawsuits in Illinois?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated.

In Illinois, the statute of limitations for medical malpractice lawsuits is generally 2 years from the date the injured patient discovers or should have discovered the injury caused by the malpractice. 

However, there is an absolute deadline of four years from the date of the alleged malpractice, meaning you cannot file a lawsuit after 4 years, regardless of when the injury was discovered. 

Are There Exceptions to the Statute of Limitations on Malpractice Claims in Illinois?

There are some exceptions to the 2 year deadline on malpractice lawsuits. 

If the patient was under 18 years old at the time of the surgery, the minor patient has until their 22nd birthday to file a lawsuit.  

If a foreign object (such as a surgical instrument or sponge) is left inside the body, you have up to 2 years from the date of discovery to sue, even if the 4 year deadline has passed.

Exceptions for fraud or concealment (for example, if the doctor intentionally hid their malpractice) also may extend the deadline.

The discovery rule allows for an extension if the injury wasn’t immediately apparent.

Our Surgery Malpractice Legal Team: Let Us Help You

If you think you have a legal claim based on a doctor’s surgical errors or negligence and that case occurred in the Chicago area, look no further than the Chicago Medical Malpractice Lawyers.

Our team of attorneys specializes in medical surgical malpractice with extensive experience representing clients in malpractice cases involving surgeries. 

We have successfully helped patients sue doctors and medical professionals who’ve performed surgical procedures on them when they’ve suffered harm due to a healthcare provider’s negligence, securing compensation for medical expenses, lost wages, and pain and suffering. 

We’ve handled cases that involved settlements of $1,000,000+ for surgical errors and similar instances of individuals suing doctors following negligence that occurred during surgery and damages that resulted from said negligence. 

File a Medical Malpractice Case and How to Prove Negligence After Surgery

To prove negligence after surgery, you must establish that the doctor or medical provider failed to meet the standard of care, directly causing your injury. 

To succeed in a malpractice claim, you must prove that the following elements of malpractice occurred:

• Duty of Care. Prove that the doctor had a professional obligation to provide competent medical care. (If they treated you, this is automatic).
• Breach of Duty. Show that the doctor failed to follow the accepted standard of care. (This usually requires testimony from other healthcare professionals or medical experts—your attorney can help with finding and engaging these individuals)
• Causation. Demonstrate that the doctor’s negligence directly caused your injury. It must be more than just a bad outcome.
• Damages. Provide evidence of harm, such as medical bills, lost wages, pain and suffering, or further complications.

Together with your experienced Chicago surgical error lawyer, you should obtain all medical records related to the surgery, including surgical notes, test results, and follow-up reports.

Nurses, other doctors, or even family members who observed your condition before and after surgery can provide testimony. 

If relevant, pictures of surgical wounds, infections, or surgical complications can help.

Your attorney may hire a qualified medical expert to review your case and confirm that negligence occurred.

Common Surgical Errors That Indicate Surgical Negligence & Medical Error

While every case is different, some common surgical errors that indicate negligence and a potential surgical error lawsuit include: 

• Mistakes like operating on the wrong patient, wrong site surgery, wrong procedure, or leaving instruments inside the body.
• Anesthesia errors such as improper dosage, which may lead to complications.
• Post-surgical infections due to poor sterilization or care
• Failure to diagnose complications like internal bleeding or blood clots in time to treat them most effectively. 

The Difference Between Wrongful Death and Survival Action

A wrongful death claim and a survival action are similar, but differ based on who the lawsuit is for and what damages are being sought.

In many cases, family members file both a wrongful death claim and a survival action to cover all possible damages.

Wrongful Death Claim After Surgery

A wrongful death lawsuit is filed on behalf of the surviving family members for the losses they suffer due to their loved one’s death.

Spouses, children, parents, or other dependents can file a wrongful death claim against a healthcare provider(s) for damages like loss of financial support, loss of companionship, guidance, and love, funeral and burial expenses, and emotional pain and suffering.

Survival Action After Surgery

A survival action is filed on behalf of the deceased person’s estate for damages the deceased suffered before death—as if they had lived to file their own claim.

It is filed by a personal representative of the deceased’s estate.

A survival action claim is meant to compensate the estate for medical expenses from the injury that led to death, pain and suffering the deceased experienced before passing, and lost wages or lost income between the injury and death.

Frequently Asked Questions and Answers: How Long Do you Have to Sue a Doctor After Surgery?

What constitutes medical malpractice in Illinois?

In Illinois, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death to a patient. This includes misdiagnosis, surgical errors, medication mistakes, anesthesia errors, or failure to treat a condition properly.

Who can you sue after surgery?

If negligence or an error occurred during surgery, you can sue the negligent surgeon, anesthesiologist, nurses, hospital, and healthcare facilities that are responsible for your care. Liability depends on who made the mistake—individual providers for direct errors or the hospital for inadequate staffing, preventable injury training, or unsafe conditions.

Who may be held liable for your injuries and damages?

Liability for a surgical error or negligence may fall on the surgeon, anesthesiologist, nurses, or other medical staff if their negligence directly caused the injury. Additionally, the hospital or surgical center may be held responsible for inadequate staffing, improper training, or unsafe conditions that contributed to the error.

What is the statute of limitations on medical malpractice claim in Illinois?

In Illinois, the statute of limitations for medical malpractice is 2 years from the date the injury was discovered, with an absolute deadline of 4 years from the date of the alleged malpractice.

Are there exceptions to the malpractice statute of limitations in Illinois?

Yes, exceptions to the malpractice statute of limitations in Illinois include cases where the injury was not discovered immediately (the discovery rule), as well as claims involving minors, who have until their 22nd birthday to file. Additionally, if a foreign object is left in the body, the statute of limitations may be extended to 2 years from the date of discovery.

What if the surgical error or negligence was discovered later?

If a surgical error or negligence is discovered later in Illinois, the applicable statute of limitations is extended, allowing you to file a lawsuit within 2 years from the date of discovery, as long as the lawsuit is filed within 4 years of the surgery or procedure.

Find Out If You Can Sue A Doctor After Surgery in Chicago, Illinois with a Free Consultation

Do you think you have a lawsuit claim based on a surgical error or negligence that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today for a free case evaluation.