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Illinois Appellate Court Revives Medical Malpractice Case After Allegations are Barred by Statute of Repose

Posted by A. Lou Benassi | Sep 22, 2017 | 0 Comments

Every state in the nation imposes statutes that restrict the time frame in which claimants are allotted to file a medical malpractice claim. In Illinois, there are two statutes that dictate deadlines on lawsuits. One is the statute of limitations, which gives plaintiffs two years from the date that a victim knew or should have reasonably known that they were injured due to malpractice. The second statute, known as the statute of repose, places an overall four-year deadline since the date of an alleged medical error, despite the circumstances of the discovery of an injury.

Claims that are filed outside the limitations of these statutes are generally not reviewed by the courts. But in a rare effort made by an Illinois state appellate court, a case has been revived after being time-barred by the courts for failing to comply with the statute of repose. The appellate judges concluded that Michelle Tucsek's case will now be assessed because there's evidence that a “continuous course of negligent medical treatment sufficient to bring her entire claim within the statute of repose” that she failed to allege before.

Michelle Tucsek originally filed a lawsuit naming Dr. Monica Gavran and Mercy Health System Corporation as defendants in 2016. She claims that in 2014, she had been experiencing symptoms of “drop foot syndrome” - nerve damage or other neurological disorder within the foot that makes it difficult for a person to lift the front part of their foot. She had undergone a CT scan which revealed that she had a tumor that had doubled in size since her first scan in 2010. This information came as a surprise for Tucsek, considering that she had not been informed that she had a tumor after the first scan.

In her complaint, Tucseck claimed that Dr. Gavran exhibited negligent behavior by omitting information about the tumor, not referring her to a specialist, not attempting to treat or monitor the tumor, and not reviewing her file in lieu of her symptoms. The appellate court concluded that some of these allegations - claims relating to the failure to review her file and inform her of the presence of the tumor - began in 2014, therefore they fall within the statute of repose. She is allowed to continue legal action solely for these claims.

Experienced Medical Malpractice Attorneys

Medical malpractice cases are incredibly complex. It may be hard to determine if you have a case without the help of a legal professional. If you feel you are a victim of medical malpractice, you should immediately consult an attorney. Ensuring that you file a viable claim within the allotted deadline is crucial if you wish to be awarded compensation. The attorneys at Benassi & Benassi have extensive experience representing malpractice victims. Let us assist you through the process while you recuperate from your injuries. Contact us today for a free consultation.

About the Author

A. Lou Benassi

A. Lou Benassi was born and raised in Taylor Springs, Illinois, a small mining and farming community located near Hillsboro, the county seat of Montgomery County, Illinois...

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