Each state has laws that specify the amount of time a person has to file a lawsuit. This timeframe is known as the statute of limitations.
In Illinois, the statute of limitations for most medical malpractice cases that involve pharmacy errors is two years. The two-year period starts once an injured person becomes aware of their wrongfully caused injury or reasonably should have become aware of it. Additionally, state law does not allow claims to be filed more than four years after the alleged act of medical negligence occurred.
The statute of limitations for cases that involve minors is up to eight years from the date that the patient or their parents found out about the pharmacy error or reasonably should have known about it. The claim must be brought before the patient’s 22nd birthday.
Other Medication Error FAQs:
- How do pharmacy errors commonly occur?
- What is the time limit for filing a pharmacy error lawsuit in Illinois?
- Who is liable for prescription errors?
- Why do I need a pharmacy error attorney?