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At Walner Law, we understand the devastating impact medical malpractice can have on patients and their families. When you place your trust in medical professionals, you expect to receive competent and compassionate care. However, when that trust is broken due to negligence, the consequences can be life-altering. This blog aims to shed light on what constitutes medical malpractice, how to prove negligence and the statutes of limitations in the state of Illinois.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in harm to a patient. The standard of care refers to the level and type of care an average, prudent healthcare professional, with similar training and experience, would provide under similar circumstances. Medical malpractice can arise from various situations, including:
- Misdiagnosis or delayed diagnosis: This occurs when a healthcare provider fails to correctly diagnose a patient’s condition in a timely manner. Misdiagnosis or delayed diagnosis can lead to inappropriate treatment, worsening of the condition, or even death. For example, failing to diagnose cancer in its early stages can eliminate treatment options and reduce the chances of survival.
- Surgical errors: Surgical errors encompass a wide range of mistakes made during surgery, including performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside the patient. These errors can result in severe complications, additional surgeries, infections, and long-term disability.
- Medication mistakes: Medication errors can occur at any stage from prescribing to administering the drug. This includes prescribing the wrong medication, incorrect dosage, or failing to check for harmful drug interactions. Such mistakes can cause adverse reactions, worsening of the condition, or even death.
- Birth injuries: Birth injuries can occur due to negligent prenatal care or mistakes made during delivery. Common examples include improper use of forceps, failure to perform a timely C-section, and mishandling complications like umbilical cord problems. These injuries can result in long-term disabilities such as cerebral palsy or Erb’s palsy.
- Emergency room malpractice: Emergency room malpractice can range from failing to properly monitor a patient who is in need of urgent care, to administering improper doses of medications, and more. These types of errors are extremely common, more so than you might think, because typically they do not make it into the news media. However, they can have a devastating impact on people and their families.
Proving Negligence in Medical Malpractice Cases
Like all other types of personal injury law, to successfully pursue a medical malpractice claim, the plaintiff must establish negligence. Proving negligence involves demonstrating four key elements:
- Duty of Care: The plaintiff must show that a doctor-patient relationship existed, establishing that the healthcare provider owed a duty of care to the patient.
- Breach of Duty: The plaintiff must prove that the healthcare provider breached the standard of care. This can involve actions that a competent professional would not have taken or a failure to act when necessary.
- Causation: It must be shown that the breach of duty directly caused the patient’s injury. This is often the most challenging element to prove, requiring a clear link between the provider’s actions and the harm suffered.
- Damages: The plaintiff must demonstrate that the injury led to specific damages. These can include physical pain, emotional distress, additional medical bills, and lost earning capacity.
At Walner Law, we work with medical experts to meticulously analyze and establish these elements, ensuring that our clients have a robust case.
Statutes of Limitations for Medical Malpractice in Illinois
Illinois has specific statutes of limitations that dictate the timeframe within which a medical malpractice lawsuit must be filed. Understanding these time limits is crucial for ensuring your right to seek compensation:
- General Rule: A medical malpractice lawsuit must be filed within two years from the date the patient knew or should have known about the injury.
- Statute of Repose: Regardless of when the injury is discovered, no action can be brought more than four years after the date on which the malpractice occurred.
- Minors: If the patient is a minor, the statute of limitations is different. For minors under the age of 18, a lawsuit can be filed within eight years from the date of the malpractice or until the minor turns 22, whichever comes first.
For more on this topic, hear from Partner Kristin Kladis, who is an experienced and successful Chicago medical malpractice lawyer:
Importance of Timely Action
Given these time constraints, it is crucial to seek legal advice as soon as you suspect medical malpractice. Delaying action can result in the forfeiture of your right to pursue compensation. At Walner Law, we offer a completely FREE consultation to evaluate your medical malpractice Illinois case and advise on the best course of action.
Navigating a medical malpractice claim can be complex and emotionally draining. At Walner Law, we are committed to providing compassionate and skilled legal representation to those affected by medical negligence. Our team is dedicated to holding healthcare providers accountable and securing the compensation our clients deserve.
If you or a loved one has been a victim of medical malpractice, don’t hesitate to contact us. Together, we can seek justice and help you move forward.
Contact Walner Law Today
- Phone: (312) 800-0000
- Address: 33 N LaSalle St. #2700 Chicago IL 60602
- Website: www.walnerlaw.com
Remember, timely legal action is essential in medical malpractice cases. Reach out to us to ensure your rights are protected.
