When you seek medical care, you place your trust in healthcare professionals to provide competent, careful treatment. Unfortunately, medical errors and negligence do occur, sometimes with devastating consequences. Understanding what constitutes medical malpractice and your rights as a patient is crucial for protecting yourself and your loved ones.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, resulting in injury or harm to the patient. Not every bad outcome or medical error constitutes malpractice – the key is whether the healthcare provider's actions fell below the standard that a reasonably competent professional would have provided under similar circumstances.

Elements of a Medical Malpractice Claim

To have a valid medical malpractice claim in Illinois, you must prove four essential elements:

1. Doctor-Patient Relationship

You must establish that a doctor-patient relationship existed, meaning the healthcare provider agreed to treat you and you agreed to be treated. This creates a legal duty of care.

2. Breach of Standard of Care

The healthcare provider must have failed to meet the accepted standard of care. This is typically established through expert medical testimony explaining what a competent professional would have done in the same situation.

3. Causation

You must prove that the healthcare provider's breach of the standard of care directly caused your injury. This can be challenging, especially when dealing with patients who were already ill or injured.

4. Damages

You must have suffered actual damages as a result of the malpractice, such as additional medical expenses, lost wages, pain and suffering, or disability.

Common Types of Medical Malpractice

Misdiagnosis or Delayed Diagnosis

When a healthcare provider fails to correctly diagnose a condition or significantly delays diagnosis, it can lead to improper treatment, worsening of the condition, or missed opportunities for effective treatment.

Surgical Errors

Surgical malpractice can include operating on the wrong body part, leaving surgical instruments inside the patient, damaging organs or tissues, or performing unnecessary surgery.

Medication Errors

These can involve prescribing the wrong medication, incorrect dosages, failing to check for drug interactions, or pharmacy errors in dispensing medication.

Birth Injuries

Negligence during pregnancy, labor, or delivery can result in serious injuries to both mother and child, including cerebral palsy, Erb's palsy, or other birth-related complications.

Illinois Medical Malpractice Laws

Statute of Limitations

In Illinois, you generally have two years from the date you discovered (or reasonably should have discovered) the injury to file a medical malpractice lawsuit. However, there are exceptions and nuances to this rule, so it's important to consult with an attorney as soon as possible.

Certificate of Merit

Illinois requires a certificate of merit to be filed with medical malpractice lawsuits. This certificate, signed by a qualified medical expert, states that there is a reasonable basis for the claim.

Steps to Take If You Suspect Medical Malpractice

1. Seek immediate medical attention if you're experiencing complications
2. Request copies of all your medical records
3. Document your symptoms and how they've affected your life
4. Keep track of all medical expenses and lost wages
5. Don't sign any settlement agreements without legal advice
6. Consult with an experienced medical malpractice attorney

Why You Need an Experienced Attorney

Medical malpractice cases are among the most complex types of personal injury claims. They require:

• Extensive medical knowledge and understanding of healthcare standards
• Access to qualified medical experts
• Significant financial resources to pursue the case
• Experience navigating complex legal procedures
• Ability to negotiate with powerful insurance companies and healthcare institutions