Medical malpractice—also referred to as medical negligence—may occur when a medical professional does not comply with the accepted medical standard of care. If you are injured due to the negligent care of your physician or another medical professional during treatment, you may be entitled to file a lawsuit with a Will County medical malpractice lawyer’s assistance against an individual or the company where they work. Speak to an accomplished personal injury attorney if you suspect poor care or medical mistakes in your treatment or the treatment of a loved one.
Legal Elements in Lawsuits
When negligent care at the hands of a medical professional result in an injury to a patient When a patient suffers an injury due to a medical professional’s negligent care, the patient may be tasked with proving an array of legal elements, or the case may be dismissed. Common elements that must be proven by the plaintiff may include:
- A doctor/patient relationship existed
- The doctor owed the patient a duty of care
- The doctor breached the duty of care
- The breach was the direct and proximate cause of the patient’s injuries
- The plaintiff suffered physical, emotional, or economic damages because of the breach
To establish liability, the plaintiff may need to prove that the medical professional deviated from the medical standard of care. They must be able to demonstrate that a competent health care professional working under the same circumstances would have acted differently.
According to 735 ILCS 5/2-622, Illinois law requires all medical malpractice claims to have a detailed report from a consulting medical professional setting forth the deviations made by the defendant. A Will County medical malpractice lawyer could help an attorney acquire this report, as well as any other supporting evidence needed to build an effective case.
The Statute of Limitations
Medical malpractice claims filed in Illinois have what is known as a statute of limitations. This is the period of time following an incident that an injured person has to file their lawsuit. In some cases, the “clock” begins on the date an accident occurs, and in others, it starts when the injured person realizes that negligence played a role in their injuries. An experienced attorney could help a person understand how the statute of limitations may affect their specific injury case.
In Illinois, injured plaintiffs have two years to file from the date that the patient discovered that their injuries were caused by a health care provider’s negligence. After the two-year deadline passes, the court may dismiss the case, and the plaintiff may lose the ability to pursue compensation for their injuries.
A person seeking to file a claim may be advised to consult a Will County medical malpractice lawyer as soon as they become aware of a medical malpractice injury.
Available Damages
Injured plaintiffs in medical malpractice cases may be entitled to recover damages based on their economic and non-economic losses. Despite numerous attempts to impose limits on the amount of financial compensation an injured person could recover, the Illinois Supreme Court rejected caps on medical malpractice cases in 2010 through 237 Ill.2s 217.
The following are the primary types of damages that a Will County medical malpractice lawyer may be able to help a plaintiff recover:
- Past and future medical expenses
- Lost wages
- Pain and suffering
- Wrongful death
- Loss of consortium
How a Will County Medical Malpractice Attorney Could Help
When undergoing a medical treatment or when entrusting yourself to the care of a team of healthcare professionals, it is reasonable to expect a high standard of care. When that standard is not met, or if there is negligence on the part of a health care professional or an institution, you have legal rights to recovery.
The best way for you to protect your best interests may be by filing a medical malpractice lawsuit against those responsible for your maltreatment. Call today to let an experienced Will County medical malpractice lawyer evaluate your circumstances and determine whether your case is worth pursuing.