Illinois Medical Malpractice Laws

It happens to so many people each year, and yet few do anything about it. We get hurt. We get injured. We are not given the proper care. When this happens, we often feel strange about risking our doctor’s reputation. We do not want to be responsible for giving them a bad name, which makes us question what we already know: that we were neglected as patients. If you feel as though your doctor neglected or injured you, and you’re on the fence about filing a case, here are a few things to know about Illinois medical malpractice laws.

There is a statute of limitations… but it varies.

In most instances of medical malpractice, the statute of limitations is two years. However, sometimes, special circumstances arise that, because of which, this is not the case. It can be as little as one year. Yet, if the person with a case is a minor, the statute of limitations can go up to as much as eight years.

Just because the results are bad does not negate a win.

Nowhere in the Illinois law books does it say that, just because your surgery failed or you had a bad outcome, you will win your case. You must prove that this was not just a surgery gone wrong, or that your body was harmed, but that it occurred because of negligence. If you cannot prove that your doctor neglected your health, failed to tell you about obligatory risks, or had some kind of inappropriate relationship with you, you may not come out the victor.

Medical malpractice lawyers only get paid if your case is won.

In the state of Illinois, your medical malpractice lawyer in Chicago or elsewhere does not make money unless you win your case. That is great news for clients, because these cases oten become expensive, with the vast amounts of research they require. However, according to Medscape, the average case payout is $425,000. Thus, even if you win your case, you will not lose it all by paying the law firm their fees. It will be taken from your settlement.  

You must prove negligence to win your case.

We covered this a little above, but it needs its own space on this list. Negligence, according to NCBI, is described as an omission of normal medical practice. Although many cases are very in-depth and complex, they all boil down to this simple sentence. Say, for instance, that a surgeon omitted the act of removing a tool during surgery, or a doctor failed to mention the prescribing of medication when it was deemed necessary.

If you believe that your medical doctor neglected to treat you in the proper manner, know that you had an inappropriate relationship with the doctor who treated you at the time, or that your doctor made a mistake in your treatment or procedure, contact your local medical malpractice experts today. They can help walk you through the process, so you can begin to take back control of both your health and your life.

SOURCES:

https://www.medscape.com/viewarticle/811323_3

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/