{"id":1163,"date":"2016-10-14T06:00:16","date_gmt":"2016-10-14T11:00:16","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1163"},"modified":"2018-04-12T12:38:01","modified_gmt":"2018-04-12T17:38:01","slug":"illinois-extends-potential-statute-limitations-wrongful-death-survival-act-claims","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/illinois-extends-potential-statute-limitations-wrongful-death-survival-act-claims\/","title":{"rendered":"Illinois Extends Potential Statute of Limitations in Wrongful Death and Survival Act Claims"},"content":{"rendered":"

In a recent case<\/a>, a 90-year-old woman was admitted to a hospital in 2009. During her stay at the hospital, the woman suffered several complications, and she died within weeks of her arrival. The woman\u2019s son requested her medical records, and he received them almost one year after her death. A little over one year after receiving the records, the son obtained a professional opinion that the woman\u2019s doctors were negligent in treating her. One month after obtaining that opinion, the son filed a complaint against his mother\u2019s two doctors, who cared for her during her hospital stay.<\/p>\n

Almost two years after filing the initial lawsuit, the son had a doctor review his mother\u2019s CT scans that were taken during her stay at the hospital. The son had received this information when he requested his mother\u2019s original medical files. The doctor provided an opinion stating that the radiologist, who had read the CT scans while his mother was staying at the hospital, had failed to identify a collection of fluid in her brain. The reviewing doctor also believed that the radiologist\u2019s failure to identify the fluid caused or contributed to the mother\u2019s death. After receiving the second opinion, the son filed a medical malpractice lawsuit against the radiologist under Illinois\u2019 Wrongful Death Act (740 ILCS 180\/1) and Survival Act (755 ILCS 5\/27-6).<\/p>\n

The radiologist argued\u00a0that the case was time-barred because the case was filed more than two years after the mother\u2019s death, exceeding the two-year statute of limitations. The radiologist also argued that the \u201cdiscovery rule\u201d did not apply in the son\u2019s wrongful death and survival act case. The radiologist also claimed that even if the discovery rule applied, the case was still untimely because the son had enough information to determine whether or not to file more than two years before he filed his complaint.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent case, a 90-year-old woman was admitted to a hospital in 2009. During her stay at the hospital, the woman suffered several complications, and she died within weeks of her arrival. The woman\u2019s son requested her medical records, and he received them almost one year after her death. A little over one year […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[12],"tags":[],"class_list":["post-1163","post","type-post","status-publish","format-standard","hentry","category-medical-malpractice"],"yoast_head":"\nIllinois Extends Potential Statute of Limitations in Wrongful Death and Survival Act Claims — Illinois Injury and Mass Tort Lawyer Blog — October 14, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case, a 90-year-old woman was admitted to a hospital in 2009. 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