Understanding Your Illinois Medical Malpractice Claim
Medical professionals undertake a lot of pressure, and a lot of responsibility, in the course of their work. Unfortunately, even the most well-meaning medical care professionals can make mistakes, or medical establishments stretched too thin. It is not uncommon for patients to be in situations where they may feel mistreated, or neglected. This does not mean, however, that the action (or inaction) rises to the level of medical malpractice.
So what does constitute medical malpractice? How do you know if you have a claim that can be successfully pursued? How do you begin to pursue a claim, if you decide that is what is right for you and your family? This article aims to begin a discussion on these points. For official, tailored legal counsel on your own circumstances, contact an experienced medical malpractice and personal injury attorney with Patel Law, PC.
Understanding The Legal Issues
Everyone wants medical professionals to continue practicing. In the course of medical practice, it is impossible that no slight mistake would ever be made. In order to protect the continued practice of medical healing, the law requires medical malpractice suits to reach certain legal hurdles. This is done in an effort to both protect the patients and those ill-effected by those who truly have been negligent, and provide support and protection to medical staff who truly have met their duty of care.
Statute of Limitations
First and foremost, before pursuing a claim it is important to assess whether your claim is timely. This means that the statute of limitations has not run. The statute of limitations refers to the longest period of time allowable by law for a plaintiff to file their lawsuit. In Illinois, the statute of limitations for filing a medical malpractice case is two years from the date of injury.
If you file your lawsuit after this statute of limitations has run, it will be dismissed by the courts.
Necessary Legal Elements
Medical malpractice may be ruled to have occurred when:
- A physician/nurse/other healthcare entity
- breaches the “standard of care” and
- that breach caused injury or death.
This means that a healthcare provider agreed to treat you, but failed to meet the standard of care while doing so, and this caused you harm. This highlights how important it is to understand the concept of “standard of care.”
Standard of Care
A medical professional must be more than simply negligent or careless in order to breach the standard of care. The “standard of care” is the generally accepted set of standards and practices that similar medical professionals would expect of themselves and abide by when treating a similar patient under similar circumstances. Any violation of that “standard of care” could lead to a claim of medical negligence.
Examples of Medical Malpractice
Common instances of medical malpractice claims include:
- Failure to diagnose a medical condition
- Misdiagnosis (providing an incorrect diagnosis)
- Misreading or disregarding lab results, or medical imaging
- Surgical errors (such as operating on the wrong limb, leaving foreign objects in the patient after surgery, etc.)
This list is only a small sampling. It is by no means every way in which medical malpractice might occur. For more information on your own set of circumstances and to obtain sound legal counsel, contact a medical malpractice and personal injury attorney with Patel Law, PC..
Contact Patel Law, PC
Contact an experienced Decatur personal injury attorney with Patel Law, PC to discuss your own experience. Our respected legal team can help to assess your case and advise on best steps moving forward.
Sources:
scotusblog.com/2026/01/justices-reject-state-limits-on-malpractice-actions-for-cases-in-federal-court/
news.bloomberglaw.com/health-law-and-business/illinois-hospital-faces-trial-over-doctors-alleged-malpractice
