What You Need to Know About Medical Malpractice in Illinois
When you are sick or injured, you go to the doctor or a hospital to receive medical care. When that medical care injures us further or makes us even sicker, it can be frustrating and stressful. Unfortunately, medical malpractice is not all that uncommon in the United States. According to data from the National Practitioner Database, there have been more than 58,000 instances of medical malpractice payments or adverse actions taking place since the beginning of 2020. If you have been a victim of medical malpractice, there are likely various questions that you have relating to your case. Here are some of the most common questions and their answers.
Is There a Time Limit to File a Claim for Medical Malpractice?
With nearly any case that you file with the court, there is such a thing called the “statute of limitations.” This is simply just a law that states how long a person can wait before they are no longer able to file a lawsuit and have it heard in court. In Illinois, most people must bring a case in court within two years of the medical malpractice incident. However, in some cases, the statute of limitations may be extended to four years.
What Kind of Damages Can Be Recovered in a Malpractice Case?
In many cases, medical malpractice can leave you with severe and/or lasting effects. In some cases, you may have difficulty getting through day-to-day life or you may be in constant pain. Depending on the circumstances surrounding your case, you may be able for damages such as:
- Medical expenses, such as hospital bills, doctor’s visits, surgeries, medications, treatments, physical therapy, etc.
- Lost wages for any time that you may have missed from work because of the injury or illness
- Loss of future earnings, if you become disabled as a result of the malpractice
- Pain and suffering
What Kind of Mistakes Are Included Under Medical Malpractice?
Some people may wonder whether or not a doctor’s act is considered malpractice. In general, for an act to be considered malpractice, you must be able to prove that the doctor had a duty of care to you, he or she violated that duty of care by deviating from the standard of care, that violation caused you to sustain injuries or become sick, and that illness or injury caused you to suffer damages.
Being a physician means you are constantly holding peoples’ lives in your hands. However, that does not always mean that they are careful with those lives. Some of the most common types of mistakes that can lead to malpractice include:
- Failing to diagnose or misdiagnosing a patient
- Performing unnecessary or unsafe surgical procedures
- Ignoring or misinterpreting lab tests or results
- Prescribing you the wrong medication, or a medication that you are allergic to
- Letting you go home when you are not ready to leave the hospital
- Not giving appropriate aftercare or follow-up
Speak to Our Team of Aurora, IL Medical Malpractice Attorneys Today
If you have been a victim of medical malpractice or have suffered a mistake at the hands of your doctor, you should speak with a knowledgeable Kane County medical malpractice lawyer as soon as possible. At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we can help you determine whether or not you have a case. If you do, we can also help you proceed with getting much-needed compensation for your injuries. To schedule a free consultation, call our office today at 630-907-0909.
Sources:
https://www.abpla.org/what-is-malpractice
https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&ChapterID=56&SeqStart=102300000&SeqEnd=105700000
