Filing a Medical Malpractice Case in Illinois

Filing a Medical Malpractice Case in Illinois

In order to receive a license, doctors must spend years in school and residency becoming an expert in their field.

Which is why you trust them to provide you with high-quality care.

Few of us ever question our doctors’ recommendations or opinions.

But doctors make mistakes and, sometimes, they commit malpractice. If you were harmed by a doctor, you may want to file a medical malpractice case in Illinois.

What Is Medical Malpractice?

Medical malpractice is not merely an event where a medical error is committed that leads to patient harm; instead, malpractice occurs when a healthcare provider fails to exercise the same degree of care that another provider of similar education and background, in the same locality, would exercise in the same situation.

Common examples of medical malpractice include:

  • Surgical errors, such as performing surgery on the wrong patient, leaving an object within the patient, or making an anesthesia error;
  • Medication errors, such as giving the patient the wrong medication, the wrong dosage of medication, or giving a medication in combination with another medication wrongfully;
  • Diagnosis errors, including failing to diagnose the patient or misdiagnosing the patient; and
  • Treatment errors

The above acts of malpractice are examples. There are other ways in which medical malpractice can occur.

Affidavit of Merit in Medical Malpractice Cases

In order to have a case, you need to take a few steps.

You need to prove that the healthcare provider in question breached the medical standard of care owed to you and that this breach was the proximate cause of your harm.

In order to prove this, Illinois requires that a plaintiff in a medical malpractice suit submit an “Affidavit of Merit.

This affidavit states that the plaintiff has reviewed the case with a qualified medical professional.

The medical professional must be trained in and practices in the same area of medicine as the defendant. They must also be properly qualified.

Lastly, they must be knowledgeable about medical standards and medical issues in the locality where the malpractice occurred.

Then, the healthcare professional must state in the Affidavit of Merit that the plaintiff indeed has cause, based on the facts of the case and their opinion as an expert, to bring forth the claim.

Statute of Limitations on Medical Malpractice

In addition to filing an Affidavit of Merit, a plaintiff who is filing a medical malpractice case must also be aware of their state’s statute of limitations.

This is the limit on the amount of time one must file their claim after the malpractice has occurred.

In Illinois, the statute of limitations is two years from the date of malpractice, or two years after the date of discovery that such malpractice has occurred.

As an example, if a surgeon left a tool inside you while operating back in 2005, but you didn’t find out until 2018 when the tool began causing you complications, your statute of limitations may be based on the 2018 date of discover rather than the 2005 date of incident.

Call Our Medical Malpractice Lawyers Today

If you have been harmed during a medical procedure or misdiagnosis, you may maintain the right to bring forth a medical malpractice claim for damages.

Learn more about medical malpractice and why working with a skilled medical malpractice attorney is a must.

Call the VanderGinst Law for a free consultation.

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The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.