January 3, 2025 | Medical Malpractice
Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. In Illinois, various medical professionals and organizations can be held liable for malpractice, depending on the circumstances of the case. Learning about who may be responsible is critical if you’ve suffered injuries due to substandard medical care.
What Is Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. The standard of care refers to the level of skill and diligence that a reasonably competent medical provider would provide under similar circumstances.
To prove medical malpractice in Illinois, you must establish these key elements:
- Duty of Care: The provider had a legal obligation to care for you.
- Breach of Duty: The provider failed to meet the professional standard of care.
- Causation: This breach directly caused your injury.
- Damages: You suffered harm as a result, such as medical bills, lost wages, or emotional distress.
If any of these elements are missing, your claim may not succeed. That’s why gathering strong evidence and working with an experienced personal injury attorney is essential.
Potential Defendants in a Medical Malpractice Case
Several parties could potentially be liable for medical malpractice in Illinois. Liability depends on who contributed to the negligent care. Some common examples include:
- Doctors: errors in diagnosis, treatment, or surgery
- Nurses: medication mistakes or failure to monitor patients
- Hospitals: unsafe conditions or inadequate staffing
- Pharmacists: dispensing the wrong medication or dosage
- Specialists and Technicians: errors in anesthesia, imaging, or lab work
Each of these parties plays a critical role in a patient’s care, and their negligence can result in significant harm.
Statute of Limitations for Medical Malpractice in Illinois
In Illinois, you generally have two years from the date you discovered (or should have discovered) your injury to file a medical malpractice lawsuit. However, there is also a four-year limit from the date the negligent act occurred, known as the statute of repose.
Certain exceptions may apply, such as when the victim is a minor. For example, if the victim is under 18, they have up to eight years to file a claim, but no later than their 22nd birthday.
Acting quickly is crucial to preserving your legal rights. A medical malpractice lawyer can help ensure you meet all deadlines and requirements.
What Compensation Can You Recover in a Medical Malpractice Claim?
Victims of medical malpractice in Illinois may recover various forms of compensation, including:
Economic damages include measurable financial losses, such as:
- Medical Expenses: costs of surgeries, hospital stays, and future care
- Lost Wages: income lost due to recovery or reduced earning capacity
Non-economic damages address the emotional and physical toll of your injuries, including:
- Pain and Suffering: physical and emotional distress caused by the malpractice
- Loss of Enjoyment of Life: reduced ability to participate in everyday activities
Punitive damages are not available for medical malpractice cases in the State of Illinois.
Proving Medical Malpractice in Illinois
Proving malpractice requires thorough documentation and expert analysis. Evidence often used in these cases includes:
- Medical records
- Expert testimony
- Witness statements
- Photos or videos, if applicable
An experienced attorney can help collect and present this evidence to build a strong case.
Contact our Medical Malpractice Law Firm at Powell and Pisman Injury Lawyers
If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.
We serve Cook County and its surrounding areas:
Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor
Chicago, IL 60610
(312) 635-5400
Open 24/7