Medical malpractice is a serious issue for patients in Wheaton and throughout Illinois. When you visit a doctor, nurse, or hospital, you expect safe and careful treatment. If a medical provider makes a mistake that causes harm, the law may allow you to seek compensation. Understanding what medical malpractice is, how it happens, and what damages may be available can help you know your rights.
What Medical Malpractice Means
Medical malpractice occurs when a healthcare provider fails to follow the accepted standard of care, resulting in a patient’s injury. The “standard of care” is the level of treatment a reasonably careful medical professional would give in the same situation.
To prove malpractice, most cases need to show:
- A doctor–patient relationship
- The provider acted below the standard of care
- The mistake caused injury
- The patient suffered damages
The “standard of care” is the level of treatment a reasonably careful medical professional would give in the same situation.
Common Types of Medical Errors
Medical malpractice can happen in many different ways. Some of the most common examples include:
- Misdiagnosis or delayed diagnosis: A provider fails to identify a condition like cancer, infection, or stroke.
- Surgical mistakes: Operating on the wrong body part, cutting a nerve, or leaving tools inside a patient.
- Medication errors: Wrong drug, wrong dose, or harmful drug combinations.
- Birth injuries: Failure to monitor fetal distress, improper use of forceps or vacuum devices, or delays during labor.
- Anesthesia errors: Too much anesthesia or unsafe monitoring during surgery.
- Infections: Poor hospital safety practices that lead to infection or sepsis.
These errors can lead to long-term injuries, disability, or even death.
Illinois Rules for Filing a Malpractice Case
Illinois sets rules and filing deadlines for malpractice cases under the state’s medical malpractice statute.
Medical malpractice claims follow strict timelines. Illinois generally requires personal injury lawsuits to be filed within two years under the personal injury statute of limitations. A case must usually be filed within two years of the date the patient knew or should have known about the injury. There are some exceptions, but missing the deadline often means losing the right to file a claim.
Illinois also follows a modified comparative negligence rule, meaning a patient cannot recover damages if they are more than 50 percent responsible for their own injuries.
What Patients Can Recover in a Malpractice Case
Medical malpractice injuries can lead to many types of damages.
In Illinois, patients may recover compensation for:
- Medical bills
- Future medical care, including therapy or long-term treatment
- Lost wages
- Reduced earning ability if the injury affects work long-term
- Pain and suffering
- Loss of normal life, sometimes called loss of enjoyment
Punitive damages may be awarded only when a provider’s actions are extremely reckless or intentional. These damages are meant to punish the wrongdoing rather than compensate the patient.
Examples of Medical Malpractice
Not every bad outcome is malpractice, but some situations clearly involve preventable mistakes.
Examples include:
- A doctor ignores clear signs of a heart attack and sends the patient home.
- A surgeon performs a procedure on the wrong arm or leg.
- A pharmacist gives a patient medication meant for someone else.
- A newborn suffers brain damage because the hospital staff did not respond to low oxygen levels.
- A nurse injects the wrong medication or wrong dosage.
These examples show how simple errors can turn into major health problems.
How Insurance Companies Handle These Claims
Malpractice insurers often defend these cases aggressively.
It’s common for insurance companies to argue that:
- The doctor followed normal medical practices
- The patient’s condition caused the injury
- The treatment was reasonable
- The damages are lower than claimed
Strong evidence and expert testimony are usually needed to challenge these arguments.
How Medical Malpractice Cases Move Forward
A malpractice case often involves:
- Gathering medical records
- Reviewing tests and charts with medical experts
- Calculating damages, including long-term costs
- Negotiating with insurers
- Preparing for trial, if a settlement is not possible
Expert opinions are required in most Illinois malpractice cases to prove the provider acted below the standard of care.
Contact the Wheaton Medical Malpractice Attorneys at Zayed Law Offices Personal Injury Attorneys for Help Today
Medical malpractice cases can be difficult, but Illinois law gives injured patients a path to seek compensation. If a provider makes a preventable mistake and causes harm, the patient may recover damages for medical bills, pain, and long-term effects. Knowing how malpractice happens and what the law requires helps patients protect their rights and understand their options.
If you’ve been injured by medical malpractice, Zayed Law Offices Personal Injury Attorneys is here to help. Our Wheaton medical malpractice lawyers will fight to protect your rights. Contact us today for a free consultation.
For more information, please contact the experienced Chicago medical malpractice lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Cook County, Will County, Kendall County, and their surrounding areas:
Zayed Law Offices Personal Injury Attorneys – Chicago Office
10 S La Salle St STE 1230, Chicago, IL 60603
Phone:(312) 726-1616
Hours: Open 24/7
Our firm is located near you. We have an office in Chicago
Find us with our GeoCoordinates: 41.8815493,-87.6327515
Zayed Law Offices Personal Injury Attorneys – Joliet Office
195 Springfield Ave, Joliet, IL 60435
Phone: (815) 726-1616
Our firm is located near you. We have an office in Joliet
Find us with our GeoCoordinates: 41.5254295,-88.1381011
Zayed Law Offices Personal Injury Attorneys – Rockford Office
318 N 1st St, Rockford, IL 61107
Phone:(815) 662-0330
Hours: Open 24/7
