Understanding Your Illinois Medical Malpractice Claim

Understanding the difference between an unfortunate medical outcome and a legally actionable medical malpractice claim can be an important first step for patients and families seeking answers.

Medical professionals undertake a great deal of pressure and responsibility in the course of their work. Unfortunately, even well-meaning healthcare professionals can make mistakes, and medical facilities can sometimes become stretched too thin. It is not uncommon for patients to feel that they were mistreated, neglected, or harmed during the course of medical care. However, not every mistake or unfavorable medical outcome rises to the level of medical malpractice.

So what does constitute medical malpractice? How do you know whether you may have a claim that can be successfully pursued? And how do you begin evaluating your legal options if you believe medical negligence has caused harm to you or someone you love?

This article provides a general introduction to these questions. For legal advice tailored to your specific circumstances, consider speaking with an experienced medical malpractice and personal injury attorney with Patel Law, PC.

Quick Take: What Is Medical Malpractice?

Medical malpractice may occur when a healthcare provider fails to meet the applicable standard of care and that failure causes injury or death. Determining whether a particular situation meets these legal requirements often requires a careful review of the medical treatment, the applicable standard of care, and the harm allegedly caused.

Understanding the Legal Issues

The law does not treat every medical mistake as malpractice. Medical professionals must be able to continue providing care without every unfavorable result automatically resulting in legal liability. At the same time, patients who are harmed because a healthcare provider failed to provide appropriate care may have important legal rights.

Medical malpractice claims therefore must meet specific legal requirements. These requirements are intended to help distinguish between an unfortunate outcome or minor mistake and a situation in which a healthcare provider’s conduct may have fallen below the legally required standard of care and caused harm.

An Important Distinction

A poor medical outcome does not necessarily mean medical malpractice occurred. The circumstances surrounding the treatment, the decisions made by the healthcare provider, the applicable standard of care, and whether the alleged conduct caused harm can all be important considerations.

Statute of Limitations

Before pursuing a medical malpractice claim, it is important to consider whether the claim is being brought within the applicable statute of limitations. A statute of limitations is generally the period of time established by law for filing a lawsuit.

In Illinois, medical malpractice claims are generally subject to specific filing deadlines, and the circumstances surrounding an injury can affect how those deadlines apply. In many situations, a claim must be filed within two years, but exceptions and additional rules may apply depending on the facts of the case.

Waiting too long to investigate or pursue a claim can jeopardize important legal rights. If a lawsuit is filed after an applicable deadline has expired, the court may dismiss the claim.

Why Acting Promptly Can Matter

Medical records, witness recollections, and other evidence may become more difficult to obtain over time. Promptly reviewing a potential claim can help preserve important information while also allowing you to better understand the legal deadlines that may apply to your circumstances.

The Basic Elements of a Medical Malpractice Claim

Although every case is different, a medical malpractice claim generally involves several important legal questions. The following interactive guide provides a simplified overview of the issues that may be examined when evaluating whether medical negligence occurred.

A Provider-Patient Relationship

The circumstances must generally involve a healthcare provider or entity that undertook responsibility for providing medical care or treatment.

The Applicable Standard of Care

The provider’s conduct may be evaluated against the level of care and professional practice expected under similar circumstances.

A Possible Breach

The claim may require evidence that the provider failed to meet the applicable standard of care.

Causation and Harm

It may also be necessary to show that the alleged failure caused injury, additional medical harm, or death.

What Is the Standard of Care?

The concept of the standard of care is central to many medical malpractice claims. In general terms, the standard of care concerns the level of knowledge, skill, and treatment expected from a reasonably qualified healthcare professional under similar circumstances.

Evaluating the applicable standard of care can be complex because medical treatment depends heavily on the patient’s condition, available information, medical history, and the circumstances in which treatment was provided. What may be appropriate in one situation may not necessarily be appropriate in another.

A medical malpractice claim may arise when evidence supports the conclusion that a healthcare provider departed from the applicable standard of care and that departure caused harm to the patient.

Why Medical Malpractice Cases Can Be Complex

Questions involving medical standards often require a detailed review of treatment records, medical decisions, and the specific circumstances surrounding the patient’s care. Medical evidence and professional opinions can play an important role in evaluating these issues.

Examples of Situations That May Lead to Medical Malpractice Claims

Medical negligence can potentially occur in many different settings. The following examples are only a small sampling of circumstances that may warrant further legal and medical review.

Failure to Diagnose a Medical Condition

A delayed or missed diagnosis may potentially lead to a claim when a provider failed to recognize a condition that should reasonably have been identified and the delay caused additional harm.

Misdiagnosis

Receiving an incorrect diagnosis does not automatically establish malpractice, but a misdiagnosis may warrant investigation when the diagnostic process fell below the applicable standard of care and caused harm.

Misreading or Disregarding Test Results

Laboratory results, imaging studies, and other diagnostic information can be critical to patient care. Errors involving the interpretation, communication, or follow-up of important results may potentially contribute to patient harm.

Surgical Errors

Surgical mistakes can involve many different circumstances, including errors during a procedure, operating on the wrong location, or failing to follow appropriate procedures before, during, or after surgery.

This list is not exhaustive. Medical malpractice can potentially involve many different forms of treatment, healthcare settings, providers, and circumstances. A careful review of the facts is often necessary before determining whether a legal claim may exist.

Frequently Asked Questions About Medical Malpractice in Illinois

Does every medical mistake qualify as malpractice?

No. A medical mistake or unfavorable outcome does not automatically mean malpractice occurred. A potential claim generally requires a review of whether the applicable standard of care was breached and whether that conduct caused harm.

How long do I have to file a medical malpractice claim?

Illinois medical malpractice claims are subject to statutory filing deadlines. While a two-year period may apply in many circumstances, exceptions and additional rules can affect the deadline, making it important to evaluate the specific facts of a potential claim promptly.

What evidence may be important in a medical malpractice case?

Medical records, treatment notes, diagnostic tests, communications, billing records, witness information, and professional medical opinions may all potentially be relevant depending on the circumstances.

Should I speak with an attorney if I believe medical negligence caused harm?

Speaking with an experienced attorney can help you better understand the legal issues involved, the deadlines that may apply, and the information that may be important when evaluating a potential claim.

Contact Patel Law, PC

If you believe that you or a loved one may have been harmed by medical negligence, it is understandable to have questions about what happened and what options may be available.

An experienced Decatur personal injury attorney with Patel Law, PC can discuss your circumstances and help you better understand the legal issues involved in evaluating a potential claim.

Questions About a Possible Medical Malpractice Claim?

If you or a loved one suffered harm and believe medical negligence may have played a role, the team at Patel Law, PC can help you better understand your legal options and the process of evaluating a potential claim.

Our experienced personal injury attorneys can review the circumstances of your case and provide guidance about potential next steps.