In Illinois, medical malpractice occurs when there is a failure on the part of a medical professional to meet the generally accepted standard of care in treatment or testing practices that result in harm to a patient. Because it is a professional negligence claim, it is important to have an Illinois medical malpractice lawyer advising you as well as advocating on your behalf.

Illinois Medical Malpractice Attorney With Proven Track Record of Success

Sometimes, even having met the standard of care, patient outcomes are not optimal. Medicine is not an exact science. Not every bad outcome means medical malpractice occurred, and the law does not hold doctors to a standard of perfection.

Instead, medical malpractice cases only exist where the doctor (or other professional) failed to do what a similarly situated and skilled professional would and should have done. An injured party must prove:

• The doctor owed a duty of care
• Breached that duty by failing to provide adequate care
• The failure resulted in the injuries in question
• Those injuries caused damages

That proof comes in the form of expert testimony, medical records, and any information related to your treatment, care, diagnosis, and recovery. You will need to find an expert in the same medical field who can testify as to what the standard of care is and how the care in question deviated from it.

In relation to damages, you may be able to pursue both “compensatory” and “noneconomic” damages. The first are costs such as medical bills and lost wages that help the injured party recoup their expenses that resulted from the malpractice. The “noneconomic” damages may include emotional distress, loss of companionship and consortium, and pain and suffering.

There are no “caps” or maximum allowable amounts recoverable for either compensatory or non-economic damages. Under Illinois law, punitive damages are not recoverable in medical malpractice cases.

Contact an Illinois Medical Malpractice Lawyer

It is important to note that, in Illinois, filing medical malpractice claims must occur within two years of the actual or implied discovery of the malpractice. The process begins with filing a claim with the medical professional’s liability insurance provider.

After filing the complaint, discovery takes place. This is an investigation of the facts and evidence and may involve the sworn testimony of the parties and witnesses, including expert witnesses. After discovery, you or your Illinois medical malpractice lawyer can create a demand for compensation. If you can reach a fair settlement that covers all of your expenses and emotional damages, the case is over. If you cannot, you can take your case to an Illinois court.

Speak with an Experienced Illinois Medical Malpractice Attorney

Having the help of a legal advisor and advocate is essential in pursuing a successful medical malpractice claim. To schedule an initial consultation or to discuss the circumstances of your medical negligence case, contact an Illinois medical malpractice attorney to determine if you have a claim.