Medical Malpractice

Overview Medical malpractice occurs when a healthcare provider's negligent actions cause harm to a patient. In Illinois, patients who have been injured due to medical malpractice may pursue a personal injury claim, seeking compensation for their physical, emotional, and financial losses. Understanding the legal requirements and the process for filing a medical malpractice claim can help patients hold negligent healthcare providers accountable and secure the support they need to move forward.

Illinois Medical Malpractice Law 

The Illinois Medical Malpractice Act (735 ILCS 5/2-1701 et seq.) governs medical malpractice claims. Medical malpractice occurs when a healthcare provider's actions deviate from the accepted standard of care and cause injury or harm to a patient.

Healthcare providers who may be held liable include:

• Physicians

• Surgeons

• Nurses

• Dentists

• Pharmacists

• Hospitals and clinics

Examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis

• Surgical errors

• Anesthesia errors

• Medication errors

• Birth injuries

• Failure to obtain informed consent

Proving Medical Malpractice To succeed in a medical malpractice claim, you must demonstrate:

1. A doctor-patient relationship existed

2. The healthcare provider owed you a duty of care

3. The healthcare provider breached that duty by deviating from the accepted standard of care

4. The breach of duty directly caused your injuries

5. You suffered damages as a result of the healthcare provider's negligence

Proving medical malpractice often requires expert testimony from medical professionals who can establish the standard of care and explain how the defendant's actions deviated from that standard.

Damages Available

 In a successful medical malpractice claim, you may be entitled to damages such as:

• Medical expenses (past and future)

• Lost wages and benefits

• Loss of earning capacity

• Pain and suffering

• Emotional distress

• Disability or disfigurement

• Loss of enjoyment of life

Statute of Limitations and Affidavit of Merit

In Illinois, the statute of limitations for filing a medical malpractice claim is generally two years from the date you knew or reasonably should have known of the injury, but no more than four years from the date of the negligent act, with some exceptions. Additionally, a medical malpractice complaint must be accompanied by an affidavit of merit from a qualified healthcare professional.

Legal Process for Medical Malpractice Personal Injury Claims

1. Initial Consultation and Investigation

• Meet with an experienced Illinois personal injury attorney specializing in medical malpractice cases

• Provide details about your injury, treatment, and the suspected malpractice

• Your attorney will review your medical records, investigate the circumstances, and identify liable parties

2. Drafting and Filing the Complaint

• Your attorney will draft a complaint outlining the facts of your case and the damages sought

• The complaint will be filed in civil court, accompanied by an affidavit of merit from a qualified healthcare professional

• The defendant(s) will be served with the complaint and have an opportunity to respond

3. Discovery and Pretrial Proceedings

• Both sides will exchange relevant documents and information through the discovery process

• Depositions of parties, witnesses, and expert witnesses will be taken

• Your attorney will build your case and assess the strength of the defendant's evidence

• Pretrial motions may be filed to resolve legal issues or exclude evidence

4. Mediation or Settlement Negotiations

• Many medical malpractice cases are resolved through mediation or settlement negotiations before trial

• Your attorney will advocate for a fair settlement that compensates you for your losses

• If a settlement is reached, your attorney will review the terms with you and ensure payment

5. Trial (if necessary)

• If a settlement cannot be reached, your case will proceed to trial before a judge and jury

• Your attorney will present evidence, cross-examine witnesses, and argue your case

• The jury will decide on liability and the amount of damages to be awarded

Throughout the process, your personal injury attorney will provide expert guidance, handle complex legal proceedings, and fight to secure the maximum compensation for your injuries. With their support, you can focus on your physical and emotional recovery while holding negligent healthcare providers accountable for their actions.