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Malpractice Law Archives

The child with a Minor's Estate is about to turn 18 - now what?

When the minor becomes an adult at age 18, the Disabled Person's Estate will be closed.  One of two things will happen.  If that minor is capable of making personal and financial decisions as an adult, the Estate is closed and the balance of the money is given to the 18 year old.  If that minor is incapable of making personal and financial decisions on their own behalf, a new estate is opened - a Disabled Person's Estate.  A judge is again assigned to oversee the financial decisions, and to some extent, the personal decisions made on behalf of the disabled adult, such as, where they live.

I have something bad in my past, can I still file a lawsuit?

Sometimes people worry that something bad in their past would prevent them from being able to file a lawsuit.  First of all, there are no restrictions to filing a lawsuit other than filing it too late - the dreaded statute of limitations.  The real question is whether this bad thing would cause them to perhaps lose their case.  While I won't make a blanket statement that would apply to all people for all possible things, I can tell you that most times the bad thing makes no difference - provided of course, you told your lawyer about it.  Lawyers need to know about things to deal with them.

Angelina's Story - Who gets the money when the client is a child?

My 9 year-old client, Angelina, recently died.  Needless to say, her death has been difficult.  Angelina taught her family many things in her short life - namely about one's purpose in life and what is important and what is not.  When the client is a child, whether they are disabled as Angie was, or not, many parents have questions about who is in charge of the money and how it is spent after a settlement or a jury award.  Angelina's story answers many of these questions.  This overview is meant as a brief introduction of how things are handled after the case is resolved.

Statute of Limitations in Medical Malpractice Cases

A lot of people are confused about the statute of limitations laws in medical malpractice cases.  It's not surprising because the statute of limitations is confusing.  In Illinois, if you are suing a physician, dentist, registered nurse or hospital for malpractice, you have to do so within 2 years of when you knew, or should have known, of the existence of the injury or death, for which you are seeking damages.  But, in no case can you bring such an action more than 4 years after the date on which the malpractice occurred.  I'm paraphrasing.  See Section 13-212 of the Code of Civil Procedure for the complete statute.  735 ILCS 5/13-212.

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FAQ Medical Malpractice

Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient...

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