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Podiatrist was supposed to perform reconstructive foot surgery

Resolved Question:

Podiatrist was supposed to perform reconstructive foot surgery but instead he just removed bunion in the summer of 2005. Do I have a malpractice claim? Is there a statute of limitations?
Submitted: 5 years ago.
Category: Legal
Expert:  AttorneyTom replied 5 years ago.

The elements of medical malpractice are generally as follows:

1. The doctor must owe the person a legal duty (generally one is created when the person goes under a doctor's care);

2. The doctor breached that duty by failing to use the appropriate standard of care;

3. An injury must occur as a result of the breach of duty;

4. The injury must yield damages (financial, emotional, etc.).
If a doctor's conduct meets those criteria, an individual may have a basis for malpractice lawsuit.

Unfortunately, in IL, the statute of limitations for a malpractice claim is either 2 or 4 years, depending on the particulars. See §735 ILCS 5/13-212 below.

http://www.ilga.gov/legislation/i%C2%A7735%20ILCS%205/13-212lcs/ilcs4.asp?DocName=073500050HArt.+XIII+Pt.+2&ActID=2017&ChapterID=56&SeqStart=99900000&SeqEnd=

103300000

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Expert:  AttorneyTom replied 5 years ago.

The elements of medical malpractice are generally as follows:

1. The doctor must owe the person a legal duty (generally one is created when the person goes under a doctor's care);

2. The doctor breached that duty by failing to use the appropriate standard of care;

3. An injury must occur as a result of the breach of duty;

4. The injury must yield damages (financial, emotional, etc.).
If a doctor's conduct meets those criteria, an individual may have a basis for malpractice lawsuit.

Unfortunately, in IL, the statute of limitations for a malpractice claim is either 2 or 4 years, depending on the particulars. See §735 ILCS 5/13-212 below.

http://www.ilga.gov/legislation/i%C2%A7735%20ILCS%205/13-212lcs/ilcs4.asp?DocName=073500050HArt.+XIII+Pt.+2&ActID=2017&ChapterID=56&SeqStart=99900000&SeqEnd=

103300000