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Filing a medical malpractice claim in Illinois

On Behalf of | Jan 10, 2023 | Medical Malpractice

People throughout Illinois go to the doctor or hospital to receive treatment for their injuries or illnesses and obtain a proper and effective treatment plan. Unfortunately, thousands of patients suffer further harm from their health care providers, and they may not know where to turn to get compensation for their injuries and losses. The following tips can help a person understand how and when they can seek compensation from a negligent health care provider. 

File a medical malpractice claim quickly 

Illinois allows those injured because of a health care provider’s negligence or carelessness two years to file their lawsuit in civil court. Certain exceptions exist for minor children and other scenarios, so anyone seeking to file a medical malpractice claim will need to consult an experienced attorney for help. If a person waits too long to file their claim, the court will likely dismiss the case, and the person will have virtually no legal recourse to obtain compensation. 

Proving medical negligence 

Medical malpractice claims rely on the concept of causation to determine liability. To have merit, a claim must show each of the following 

  • The doctor had a duty of care to the patient 
  • The physician breached that duty 
  • That breach caused the patient injuries or losses 
  • Those injuries led to damages 

Medical malpractice can include surgical errors, prescription errors, diagnostic errors, and any deviation from the accepted standard of medical care that causes injuries or losses to the patient. All medical malpractice claims must be reviewed and certified by a licensed physician who works in the field in question (i.e., cardiology, oncology, pediatrics, etc.) The medical expert will have to declare they believe the action constituted medical malpractice by submitting an affidavit of merit.  

Seeking monetary relief 

Anyone in Illinois who suffered harm from a health care provider needs to contact a personal injury attorney for a review of the claim. A lawyer can obtain a medical expert to certify the claim and work to submit all documents within the prescribed deadlines. A lawyer can also advocate strongly on a patient’s behalf to increase the client’s chances for success.