Important Facts About Illinois Medical Malpractice Claims

 Posted on September 15,2015 in Medical Malpractice

By Daniel M. Kotin

Being the victim of a medical mistake is a terrible and frightening ordeal. Most of us go to the doctor and put our health – our very life – in the hands of doctors and nurses. We trust that they will do their jobs carefully and skillfully, and most do. But when medical malpractice occurs, the results can be deadly. Even if a person survives a medical mistake during a surgery (for example), a failure to properly diagnose an illness or perform a surgery correctly can drastically reduce the lifespan of the victim.

Medical malpractice lawsuits can be filed against negligent doctors, nurses, and other healthcare workers, along with hospitals and similar institutions, whenever a patient has been injured by that negligent conduct. The monetary compensation obtained through a medical malpractice lawsuit – called “damages” – is meant to compensate the patient for mental pain and suffering, additional medical  bills, time missed from work, and the loss of a chance for survival (amongst other compensable losses).

Common Mistakes in Medical Malpractice Cases 

But winning a medical malpractice suit is not as straightforward as it seems. Consider the following common mistakes and erroneous assumptions injured patients make concerning medical malpractice cases:

“My Doctor Misdiagnosed Me, So I Am Guaranteed Compensation”

In any medical malpractice case, the negligence of your medical care provider will only result in compensation where the level of care you actually received was less than the level of care a reasonable medical care provider of similar education and background working in your area would have provided. If reasonable medical care providers could have come to similar results concerning your diagnosis or treatment plan, compensation will not likely be available to you.

“My Testimony is Enough to Support My Case”

Your medical malpractice case is most likely going to require testimony from other doctors and medical experts if it is to be successful. You will need the testimony of these individuals to establish what standard medical procedures are in your area and to opine as to the appropriateness of your medical care provider’s actions under the circumstances. It is rare for a medical malpractice case to be successful without this important expert testimony.

“There is No Rush to File My Case”

Illinois law only provides you, the injured patient, with a limited amount of time following a medical malpractice injury to file a lawsuit for compensation. The time begins to run on the date you were injured or should have known you were injured. You have two years from this date to file your lawsuit; moreover, you cannot file a lawsuit more than four years after the medically negligent act occurred. (Special rules apply if the injured patient is a minor child.)

The law firm of Tomasik Kotin Kasserman, LLC can help you understand your rights following a medical-related injury. We will review the facts of your case with you and help you understand the strengths and weaknesses of your case. Where the facts suggest you may be entitled to compensation, our experience and resourcefulness will help ensure your case has the best opportunity for success. Contact our office today at (312) 605-8800 to discuss your case with our dedicated Chicago medical malpractice attorneys.

  Source:

http://ilga.gov/legislation/ilcs/documents/073500050K13-212.htm