Champaign Medical Malpractice Lawyer
When a doctor, hospital, nurse, or other health care provider makes a preventable medical error, the consequences can be life-changing. A patient may require additional treatment, lose income, suffer permanent disability, or, in the most serious cases, die because of improper medical care.
Patel Law, PC represents patients and families in medical malpractice cases in Champaign, Urbana, Champaign County, and throughout Illinois. Our Champaign medical malpractice lawyers investigate medical negligence claims, obtain and review medical records, work with qualified medical professionals when appropriate, and pursue compensation for injuries caused by negligent medical care.
Contact Patel Law, PC for a free consultation about a potential medical malpractice case.
What Is Medical Malpractice in Illinois?
Medical malpractice generally involves an injury caused by a health care provider’s failure to meet the applicable standard of care.
A poor medical outcome by itself does not necessarily mean malpractice occurred. Medicine involves risks, and some complications can occur even when appropriate care is provided.
A medical malpractice case generally requires determining what standard of care applied, whether the health care provider departed from that standard, whether the departure caused or contributed to the patient’s injury, and what damages resulted.
What Are Common Examples of Medical Malpractice?
Medical malpractice can occur in many different areas of health care. Potential cases may involve:
- Failure to diagnose a medical condition;
- Delayed diagnosis;
- Misdiagnosis;
- Surgical errors;
- Anesthesia errors;
- Medication errors;
- Failure to properly monitor a patient;
- Failure to order appropriate diagnostic testing;
- Failure to properly interpret test results;
- Emergency room errors;
- Hospital errors;
- Birth and delivery injuries;
- Failure to recognize complications;
- Improper treatment;
- Postoperative errors;
- Failure to timely refer a patient to a specialist; and
- Other negligent medical care.
Is a Bad Medical Result Automatically Malpractice?
No. A bad result, complication, or unsuccessful treatment does not automatically establish medical malpractice.
The important question is generally whether the care provided complied with the applicable standard of care and, if not, whether the departure from that standard caused the patient’s injury.
Medical records and review by an appropriately qualified health professional can therefore be particularly important when evaluating a potential malpractice claim.
Can I Have a Medical Malpractice Case for a Misdiagnosis or Delayed Diagnosis?
Potentially. A misdiagnosis or delayed diagnosis may become medical malpractice when a health care provider fails to meet the applicable standard of care and that failure causes injury.
These cases often require determining what information was available to the provider, what symptoms the patient reported, what tests were performed or should have been considered, and whether an earlier correct diagnosis would have changed the patient’s treatment or outcome.
Examples may involve delayed diagnosis of cancer, infections, heart conditions, strokes, internal injuries, or other serious medical conditions.
Can I Sue for a Surgical Error?
A surgical complication is not necessarily malpractice. However, a patient may potentially have a claim when a surgical injury results from care that failed to meet the applicable standard.
Potential surgical malpractice cases may involve operating on the wrong body part, injury to surrounding organs or structures, failure to recognize a surgical complication, retained surgical materials, improper postoperative monitoring, or other preventable errors.
Can a Hospital Be Responsible for Medical Malpractice?
Depending on the circumstances, a medical malpractice case may involve a hospital as well as individual health care providers.
Potential responsibility can depend on who provided the negligent care, the relationship between the provider and the hospital, hospital policies and procedures, staffing, supervision, and other facts.
Determining the proper defendants is an important part of investigating a medical malpractice case.
Can Nurses Be Responsible for Medical Malpractice?
Medical malpractice claims are not limited to physicians. Depending on the circumstances, negligent nursing care can also cause serious injuries.
Potential issues may include medication errors, failure to monitor a patient, failure to report significant changes in a patient’s condition, failure to follow medical orders, improper documentation, or other departures from appropriate nursing care.
What Is Failure to Obtain Informed Consent?
Some medical malpractice cases involve allegations that a patient was not adequately informed about the consequences or material risks associated with a procedure or treatment.
Informed-consent cases involve legal and medical issues that are different from simply proving that a procedure had a poor outcome. The particular information provided to the patient, the medical circumstances, and what a reasonable health professional would have disclosed may become important.
Do I Need a Medical Expert to File a Medical Malpractice Lawsuit in Illinois?
Illinois has special requirements for lawsuits alleging medical, hospital, or other healing-art malpractice.
Under Illinois law governing healing-art malpractice, a plaintiff’s attorney generally must consult with a qualified health professional who reviews the relevant medical information and determines that there is reasonable and meritorious cause for filing the lawsuit.
The statute generally requires an attorney affidavit and a written health-professional report to be filed with the complaint, subject to procedures and exceptions provided by Illinois law.
This requirement is one reason medical malpractice cases often require substantial investigation and medical-record review before a lawsuit is filed.
What Is a Section 2-622 Report in Illinois?
Section 2-622 of the Illinois Code of Civil Procedure establishes special filing requirements for medical and other healing-art malpractice lawsuits.
Generally, the reviewing health professional must be knowledgeable about the relevant medical issues, have recent practice or teaching experience in the same area of health care or medicine at issue, and be qualified by experience or demonstrated competence in the subject of the case.
After reviewing the medical records and other relevant materials, the reviewing health professional must determine that there is reasonable and meritorious cause for filing the action. Illinois law also generally requires a separate certificate and written report for each defendant named in the lawsuit.
What Evidence Is Important in a Medical Malpractice Case?
Medical malpractice cases can involve thousands of pages of medical documentation and complex questions concerning diagnosis, treatment, causation, and damages.
Important evidence may include:
- Medical records;
- Hospital records;
- Physician and nursing notes;
- Diagnostic imaging;
- Laboratory and pathology results;
- Medication records;
- Operative reports;
- Anesthesia records;
- Consent forms;
- Electronic medical records and relevant audit information;
- Medical bills;
- Prior and subsequent treatment records;
- Witness testimony; and
- Opinions from qualified medical professionals.
What Injuries Can Medical Malpractice Cause?
The consequences of medical negligence vary considerably depending on the medical condition and the nature of the error.
Potential injuries may include:
- Brain injuries;
- Nerve damage;
- Organ damage;
- Infections;
- Stroke;
- Paralysis;
- Loss of a limb;
- Birth injuries;
- Permanent disability;
- Worsening of an underlying disease;
- Additional surgeries or medical treatment; and
- Death.
What Compensation Can Be Recovered in an Illinois Medical Malpractice Case?
The damages available depend on the nature of the malpractice, the patient’s injuries, medical treatment, lost income, future needs, and other circumstances.
Depending on the case, damages may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Pain and suffering;
- Emotional distress;
- Disability;
- Disfigurement;
- Loss of a normal life; and
- Damages associated with a wrongful death when medical negligence causes a patient’s death.
There is no standard settlement amount for a medical malpractice case. The value depends on the specific medical evidence, causation, damages, and other circumstances.
How Long Do I Have to File a Medical Malpractice Lawsuit in Illinois?
Illinois has special time limits for medical malpractice cases.
Under Illinois law, an action covered by the statute generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, or received written notice of the injury or death for which damages are sought.
The statute also generally provides that such an action cannot be brought more than four years after the medical act or omission alleged to have caused the injury or death.
Different rules apply in certain circumstances, including claims involving minors, legal disability, and statutory exceptions. Because determining the deadline can be complicated, a potential medical malpractice claim should be evaluated promptly.
What Is the Difference Between the Statute of Limitations and Statute of Repose?
The two-year limitations period can depend on when the patient knew or reasonably should have known of the injury giving rise to the claim.
The four-year statute of repose generally establishes an outside time limit measured from the medical act or omission itself, regardless of when the injury was discovered, subject to exceptions provided by Illinois law.
Because these rules can significantly affect whether a case can be filed, patients should not assume that they have two years from the day they first contact a lawyer.
What If Medical Malpractice Causes a Patient’s Death?
When medical negligence causes a patient’s death, the case may involve an Illinois wrongful death claim and claims belonging to the deceased person’s estate.
These cases can involve compensation for losses suffered by surviving family members as well as damages associated with injuries suffered by the patient before death, depending on the circumstances.
Learn more about these cases on our Champaign wrongful death lawyer page.
How Can a Champaign Medical Malpractice Lawyer Help?
Medical malpractice cases require both legal and medical analysis. The fact that a patient experienced a serious complication does not by itself establish negligence, and medical providers and their insurers may strongly dispute both liability and causation.
Depending on the case, Patel Law, PC can:
- Review the circumstances surrounding the medical care;
- Obtain and organize relevant medical records;
- Identify potentially responsible health care providers and institutions;
- Analyze the applicable filing deadlines;
- Consult with appropriately qualified medical professionals;
- Evaluate whether the evidence supports a medical negligence claim;
- Document medical expenses, lost income, and other damages;
- Communicate with insurers and defense representatives;
- Comply with applicable Illinois medical malpractice filing requirements; and
- Pursue a lawsuit when appropriate.
Champaign Medical Malpractice FAQs
How do I know if I have a medical malpractice case?
A poor medical outcome alone does not establish malpractice. A potential case generally requires evidence that the applicable standard of care was not met and that the departure from that standard caused an injury. Medical-record review and consultation with an appropriately qualified health professional may be necessary to evaluate the claim.
Can I sue a doctor for misdiagnosis in Illinois?
Potentially. A misdiagnosis may support a medical malpractice claim when the provider failed to meet the applicable standard of care and that failure caused injury. Whether an earlier correct diagnosis would have changed the patient’s treatment or outcome can be an important issue.
Can I sue a hospital as well as the doctor?
Potentially. Whether a hospital may be legally responsible depends on the circumstances, including who provided the negligent care, the relationship between the providers and the hospital, and other facts.
What if I signed a consent form before the procedure?
Signing a consent form does not necessarily resolve every issue concerning negligent medical treatment or informed consent. The circumstances of the treatment, information provided to the patient, applicable standard of care, and cause of the injury must still be evaluated.
How long do Illinois medical malpractice cases take?
There is no standard timeline. Medical malpractice cases can require extensive medical-record review, consultation with health professionals, litigation, discovery, depositions, and expert testimony. The time required depends on the complexity of the medical and legal issues and whether the case can be resolved without trial.
How much is an Illinois medical malpractice case worth?
There is no fixed value. Important factors may include the severity and permanence of the injury, additional medical treatment, future care, lost income, disability, pain and suffering, causation, and the available evidence.
How much does it cost to speak with Patel Law about possible medical malpractice?
Patel Law, PC offers free initial consultations for personal injury matters. You can discuss what happened and learn whether further investigation of a potential medical malpractice claim may be appropriate.
Why Choose Patel Law, PC for a Medical Malpractice Case?
Medical malpractice cases can involve complex medical evidence, multiple health care providers, specialized Illinois filing requirements, and substantial disputes concerning the cause of a patient’s injuries.
Patel Law, PC represents injured patients and families in Champaign, Urbana, Champaign County, and throughout Illinois. Our legal team can investigate the medical care, obtain relevant records, work with qualified medical professionals when appropriate, identify potentially responsible parties, document damages, and pursue compensation available under Illinois law.
Talk to a Champaign Medical Malpractice Lawyer
If you believe that you or a family member was seriously injured because of negligent medical care in Champaign, Urbana, Champaign County, or elsewhere in Illinois, contact Patel Law, PC to discuss what happened.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign medical malpractice lawyer.
