If a healthcare provider injured you or a loved one, you might be wondering about your legal rights and options. You may have grounds to file a medical malpractice lawsuit to seek compensation for additional medical expenses, lost wages, and other damages.
However, medical malpractice cases are complex. They involve many rules and procedures you should be aware of if you’re considering taking legal action. This comprehensive guide discusses whether you may have grounds to file a medical malpractice case in Illinois, the damages you can receive, and other important information.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the standard of care and harms a patient as a result.
To establish a claim for medical malpractice in Illinois, you must prove the following:
- Doctor-patient relationship: You had an established relationship with the healthcare provider in question, such as being under their care.
- Standard of care: You must establish what another medical provider with similar training and background would have done under similar circumstances.
- Deviation from the standard of care: Every negative health outcome is not necessarily grounds for a medical malpractice case. You must be able to show what the healthcare professional did that deviated from the standard of care.
- Causation: You must be able to link the healthcare provider’s actions or inactions with your injury.
- Damages: You must show that the injuries led to specific damages, such as medical bills, reduced earning capacity, and/or pain and suffering.
An experienced attorney can gather evidence and help you establish the elements of your Illinois medical malpractice claim.
Common Causes of Medical Malpractice
Malpractice can occur at any point in the medical care journey, from the initial diagnosis to discharge from a medical facility.
Medical malpractice can take many forms, including:
- Failure to diagnose
- Misdiagnosis
- Delayed diagnosis
- Birth injuries
- Medication errors
- Anesthesia errors
- Failure to monitor
- Negligent post-operative care
- Surgical errors
- Healthcare-acquired infections
- Early discharge
- Air embolism
An experienced medical malpractice lawyer can review the circumstances surrounding your injuries to explain if you have a viable claim.
Who Could Be Responsible for Medical Malpractice?
Anyone involved in the administration of patient care can be potentially responsible for medical malpractice, including:
- Emergency medical professionals
- Nurses
- Nursing aides
- Doctors
- Surgeons
- Physical therapists
- Chiropractors
- Anesthesiologists
- Pharmacists
- Dentists
- Dieticians
Hospitals, doctor’s offices, medical clinics, and other medical businesses can be held responsible for their employees’ negligent care.
Financial Compensation Available in Illinois Medical Malpractice Lawsuits
If a negligent healthcare provider injured you, you may have the right to file a medical malpractice claim against them to seek compensation for your economic and non-economic damages.
Economic damages compensate you for your direct, tangible losses, such as:
- Medical bills you incurred due to the negligent care
- Payment for ongoing medical expenses
- Future medical costs
- Lost wages
- Long-term reductions in earning capacity
- Physical therapy
Non-economic damages pay for subjective losses that are more difficult to quantify, such as:
- Pain and suffering
- Mental anguish
- Emotional distress
- Lost quality of life
- Lost enjoyment of life
- Loss of companionship
The Illinois Supreme Court has declared damage caps on medical malpractice cases unconstitutional. Therefore, no caps for economic or non-economic damages apply to these cases.
How Do I File a Medical Malpractice Lawsuit in Illinois?
Before filing a lawsuit, an experienced Illinois medical malpractice attorney can discuss your case during a free consultation. They can get background information about the situation and your injuries. If there are grounds to file a medical malpractice claim, they can proceed with legal representation in the matter.
Your attorney can then conduct a thorough investigation into the medical malpractice incident. They can gather evidence, interview witnesses, and review medical records to determine why the malpractice happened and who is responsible for it.
Your lawyer may try to negotiate a settlement with the negligent provider’s medical malpractice insurance company. If this is successful, you can receive compensation for your losses without having to go to court. If it is not, your lawyer can file a lawsuit on your behalf.
Affidavit of Merit
Illinois law requires that a plaintiff who files a medical malpractice lawsuit attach an affidavit to their complaint stating that they or their lawyer has consulted a healthcare professional who:
- Is knowledgeable about the medical issues related to the case
- Has practiced or taught medicine within the past six years in the area of medicine relevant to the case
- Has competence and experience in the lawsuit’s subject matter
The affidavit must include a written report from the healthcare professional that states there is a reasonable and meritorious cause for the lawsuit. Without this affidavit, the court can dismiss the case.
What Is the Time Limit to File a Medical Malpractice Lawsuit in Illinois?
In Illinois, the statute of limitations or time limit to file a medical malpractice lawsuit is two years. The time typically begins on the date the patient knew of the injury.
However, in some cases, the clock doesn’t begin to tick until the patient discovers or reasonably should have discovered the mistake that caused their injury.
For example, a doctor misdiagnoses a patient, and this mistake is not identified until two years later when another healthcare provider correctly diagnoses the medical condition. In that situation, the statute of limitations clock might begin once the patient receives the correct diagnosis.
Still, under Illinois law, patients cannot file a medical malpractice claim more than four years after the date the medical mistake occurred, regardless of when it was discovered.
The statute of limitations can be difficult to understand in a medical malpractice case, making it essential to consult an attorney as soon as possible.
A Chicago Medical Malpractice Lawyer Can Help You Throughout the Process of Filing a Lawsuit
If you or a loved one has been injured by a negligent healthcare provider, Zayed Law Offices Personal Injury Attorneys is here to help. We can explain your legal options, advise you of your rights, and represent you in all legal proceedings going forward. Call our Chicago medical malpractice attorneys today at (312) 726-1616 for a free case review.
