The Illinois Supreme Court has now provided a new avenue for victims in wrongful death act and survival act cases: the discovery rule. Pursuant to 735 ILCS 5/13-212(a), the discovery rule establishes that, within a four-year statute of repose, any claim of malpractice against a physician or hospital must be filed within two years of the date on which the claimant knew or through the use of reasonable diligence should have known of the existence of the injury or death for which damages have been sought. In Moon v. Rhode, the Illinois Supreme Court found that it was an issue of fact in wrongful death and survival actions predicated upon medical malpractice as to when the individual knew of the injury and its negligent cause. The discovery rule can now extend the wrongful death act and survival act statute of limitations beyond the two-year anniversary of death.
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