How To File A Malpractice Claim In Illinois

illinois med mal lawyer

3 Things to Know Before Filing a Medical Malpractice Claim in Illinois

Medical negligence or malpractice is often the result of a professional or an institution breaching the standard of care. Illinois health systems, doctors, nurses, psychiatrists, dentists, chiropractors, and clinicians of all kinds can be responsible for a negligent act that provides the basis of a medical malpractice lawsuit. Examples of malpractice may stem from:

  • A hospital choosing to reduce staffing or hours of monitoring at medical facilities
  • Failure to hire and train skilled medical workers
  • Not following medical guidelines or Illinois laws
  • Unethical and neglectful procedures
  • Doctors who practice non-standard methods

For those planning to file an Illinois medical malpractice claim because of an injury caused by a treatment, surgery, medication, hospital stay, or physician visit, it’s important to understand these three facts.

  • There is Time Limit to File A Medical Malpractice Claim

According to Illinois malpractice law, a person has within two years of the incident or discovery date, and not more than four years from the event to file a malpractice claim. Lawsuits involving minors must be brought before they turn 22 years old and within eight years of the alleged incident. These are strict and set limitations, so it is crucial to contact a medical malpractice attorney at Levin & Perconti as soon as possible.

  • You Must Provide Proof

In general, a plaintiff in a medical malpractice lawsuit must prove these five things to prevent having a lawsuit dismissed by the court.

  1. There was a doctor-patient relationship.
  2. There was a duty of care that the doctor should have provided.
  3. The doctor breached the duty of care.
  4. The breach of care caused the patient’s injuries.
  5. The patient suffered damages as a result: physical, emotional, or financial.

To hold a doctor liable for your injury, you and your attorney will need to show that the practitioner deviated from acceptable medical practices and standards. You will need to prove that another, more competent, doctor would have acted differently to prevent the harm done to you.

  • Some Hospitals Try to Quiet Injured Patients with Money

‘Hush money’ is alive and well. Used as a way for hospitals to not admit fault, quick settlements are pressured onto injured patients to reduce the cost of a physician’s mistake without all the harmful publicity. Holding hospitals accountable through a public trial though is necessary to minimize the same medical errors that injure, disable, or take the life from future patients. A medical malpractice lawyer will help investigate who was responsible and provide the best chance for an injured person to receive the compensation they deserve.

Take Action Against Medical Malpractice

Although hospitals and doctors may not be motivated to discuss medical errors, an attorney can help to uncover the truth and hold them accountable. If you have experienced medical malpractice in Chicago or throughout Illinois, take action and immediately contact Levin & Perconti. You can also call us at 877-374-1417 or 312-332-2872 to set up a free consultation with an experienced medical malpractice lawyer.

 

Also read: FDA Issues Boxed Warning for Popular Insomnia Drugs

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