What is medical malpractice in Illinois?
Medical malpractice is often complicated and hard to understand. To bring a claim there must be medical negligence, meaning an act or omission in a patient’s treatment by a doctor, nurse or other medical professional that falls below the standard of care, and an injury it caused.
A bad result, however disappointing or devastating, does not by itself mean medical negligence occurred. And medical negligence can occur without causing an injury. You need a medical malpractice attorney who can determine whether both happened, a violation of the standard of care and a medical injury that resulted from it.
What kinds of medical malpractice cases do we handle?
- Misdiagnosis or failure to diagnose, such as a head injury, a subdural hematoma or cancer
- Hospital negligence
- Birth injury and trauma, such as Erb’s palsy, cerebral palsy and shoulder dystocia
- Surgical and procedure errors
- Physical therapy injury
- Nursing home injury
- Wrongful death, covered on our wrongful death page
What do you have to prove in a medical malpractice case?
- A provider and patient relationship. The provider owed you professional care.
- The standard of care. What a reasonably careful provider in the same field would have done, which almost always takes testimony from a qualified medical witness.
- A breach. The provider’s care fell below that standard.
- Causation. The breach caused the injury, rather than the underlying illness.
- Damages. The injury caused real losses.
What is the Illinois 2-622 affidavit?
Illinois will not let a medical malpractice case begin on an allegation alone. Under 735 ILCS 5/2-622, the complaint must be accompanied by an affidavit that a qualified health professional has reviewed the medical records and found, in a written report, that there is a reasonable and meritorious cause for the lawsuit. The reviewer must practice or teach in the same area of medicine, and the report must be attached.
When the deadline is close, the law allows the complaint to be filed first and the report within 90 days, which is one more reason to call early. We obtain the records and arrange the review before the case is filed.
What is the statute of limitations for medical malpractice in Illinois?
Under 735 ILCS 5/13-212, the deadlines against physicians, dentists, registered nurses and hospitals are
- Adults. 2 years from when you knew, or reasonably should have known, of the injury, but never more than 4 years after the care that caused it.
- Children. Up to 8 years after the care, but never after the child’s 22nd birthday.
- A death. 2 years from when the family knew or should have known of the death, within the same 4-year limit.
It also needs to be determined, as soon as possible because of these deadlines, whether a dangerous product was involved, such as a defective medical device, which can support a separate product liability claim with its own deadlines.
Can you sue a hospital for medical malpractice in Illinois?
Yes. A hospital can be responsible for its own negligence, such as unsafe staffing, policies or equipment, and for the negligence of the nurses and staff it employs. Whether it answers for a particular doctor depends on that doctor’s relationship with the hospital. When a county or other local public entity runs the hospital, the Tort Immunity Act also applies, with similar 2-year and 4-year deadlines under 745 ILCS 10/8-101 and immunities that private hospitals do not have.
What damages can you recover for medical malpractice?
Economic and non-economic damages can include
- Actual medical costs and future medical care costs
- Actual wage loss and future lost wages
- Temporary or permanent disability
- A disfiguring or life-altering injury, such as brain damage
- Pain and suffering
- Sorrow and mental suffering
- Loss of quality of life
Illinois has no cap on these damages. The Illinois Supreme Court struck down the cap on non-economic damages in medical malpractice cases in Lebron v. Gottlieb Memorial Hospital (2010). Punitive damages, however, are not allowed in medical malpractice cases, under 735 ILCS 5/2-1115.
Why hire Hoey, Farina & McMahon as your Chicago medical malpractice attorney?
Our medical malpractice attorneys, investigators, paralegals and legal assistants provide experienced and compassionate legal services to get you the results you need. Since 1981 James L. Farina has limited his practice to seriously injured people, including medical malpractice cases, and William McMahon’s practice includes medical malpractice.
The firm obtained a $1,100,000 settlement for the family of a 53-year-old man who suffered a seizure, cardiac arrest and permanent brain damage after a hospital performed a spinal tap, in a Cook County case where testimony proved parts of his chart were falsified and missing. Past results do not guarantee a similar outcome.
Hoey, Farina & McMahon charges no upfront fees to hire a medical malpractice attorney. We collect a fee only after we obtain a settlement or verdict for you. No fee unless we win.
