Medical Malpractice FAQ

What qualifies as medical malpractice?

Medical malpractice may include any instance in which negligence occurs during the medical treatment process and results in the injury of a patient. Medical malpractice can occur at any point of a patient’s medical care. Although many cases involve negligence during treatment (for example, surgery errors and anesthesia errors), malpractice can happen before treatment begins (e.g. inaccurate testing and misdiagnosis) or following treatment (pharmaceutical mistakes and negligent aftercare).

Who is liable for medical malpractice?

In many cases, medical malpractice is due to the negligence of doctors, nurses, and other medical staff. However, it is possible that another party could be responsible for your injuries. In cases of diagnostic testing errors, for example, it’s possible that a third-party testing company or the company that manufactured the testing equipment is liable. Medical malpractice could be the result of systemic errors within a healthcare organization, rather than the personal responsibility of an individual doctor or nurse. Hospitals and other treatment facilities are responsible for ensuring their employees are properly trained on their jobs and given the right equipment. When these resources aren’t provided and injury results, hospital administration could be liable.

What does a medical malpractice attorney do?

At Harvey L. Walner & Associates, Ltd., our Chicago medical malpractice attorneys can help you recover from the impact of healthcare negligence. We understand what it takes to resolve a medical malpractice claim and are prepared to apply our experience to your case.

We can evaluate the details of your case to determine the cause of your injuries, the damages that resulted, and who is liable. Once we understand the circumstances of your case, we can begin the process of pursuing compensation.

What can I get by filing a medical malpractice claim?

Medical negligence can contribute to significant financial and non-economic damages. Medical bills often constitute the majority of expenses. Additional financial damages may include travel expenses, and the costs resulting from lost wages. If medical malpractice results in a death, the victim’s family will be responsible for paying funeral and burial costs.

Non-economic damages include the non-tangible “costs” that are caused by negligence: Pain and suffering, stress, depression, anxiety, loss of purpose, loss of enjoyment of life, relationship strain, and other hardships.

It is possible to recover compensation for all of these damages through a medical malpractice claim.

What is the statute of limitations on medical malpractice claims in Illinois?

Medical malpractice claims must be filed within an established statute of limitations to be viable.

Statutes of limitations vary according to the laws of the state where you are filing a claim. In Illinois, the general statute of limitations for filing a medical malpractice claim is two years following an incident or the victim’s realization of the effects of medical malpractice. When the impact of medical malpractice is not immediately realized, claims may be filed after the expiration of the two year deadline but not longer than four years after the incident. In cases of medical malpractice in which the victim is a child, the statute of limitations is eight years. However, claims cannot be filed after the victim turns 22.

Do you have additional questions? Our medical malpractice lawyers in Chicago have answers. Request a free consultation with our legal team today by completing our contact form or calling (312) 313-2888.