North Chicago & St. Louis Injury Updates
Medical malpractice is an act or omission by a medical professional that results in medical care that fails to meet accepted standards. It can include a variety of errors such as failure to diagnose, medication errors and surgical errors. Medical malpractice claims are generally litigated in a manner similar to that of other negligence claims in Illinois, although some specific requirements are different. Illinois law also regulates caps for medical malpractice awards.
Victims Should Seek Compensation
Victims of medical mistakes often have difficulty accepting their injuries, which can have long-term consequences. Experienced medical malpractice attorneys will have a proven track record of holding medical professionals accountable for their errors. These attorneys will also have access to medical experts who can present the client’s case in the best possible light to obtain maximum compensation. Malpractice attorneys should be capable of negotiating for out-of-court settlements and going through a full trial.
Malpractice Procedures Must Involve Experts
The Illinois General Assembly provides rules for filing a medical malpractice claim in Illinois. The petition filed by the plaintiff must include an affidavit from a medical expert who has practiced for at least five years in the same area of medicine as the defendant. The medical expert must also review the medical records and attest that he or she believes the lawsuit has merit. The plaintiff must file a separate affidavit for each defendant in the case.
Medical facilities typically have internal procedures to evaluate health care professionals and their ability to practice medicine in the facility. These processes generally involve obtaining the opinions of other professionals. The Medical Studies Act generally prohibits the disclosure of confidential assessments in court for any purpose such as a malpractice suit. Illinois law also allows the plaintiff in a medical malpractice suit to designate a potential defendant as a respondent in discovery without the need to identify that party for six months after filing the petition.
Malpractice Damages Cap Struck Down
A malpractice cap is a limit on damages that a plaintiff may claim in a malpractice suit. The Illinois Legislature passed a law in 2005 that capped awards for noneconomic damages at $500,000 against doctors and $1 million against hospitals. The Illinois State Supreme Court struck down this law in 2010 based on the argument that it violated the separation of powers. The majority opinion of the court stated that this law unfairly impaired the judge’s ability to reduce the award in a malpractice suit. The majority opinion also noted that the existence of similar laws in other states was not relevant to the statute’s constitutionality.
Time Limit To File an Illinois Medical Malpractice Claim
The statute of limitations, or time limit, for medical malpractice claims in Illinois is two years from the date of the discovery of a medical mistake. The date of the discovery is the date that the patient discovers, or should reasonably have discovered, that a medical error occurred. The date of discovery may or may not be the same day that the mistake is actually made.
In addition to the two-year statute of limitations, Illinois law prohibits a medical malpractice case from being filed more than four years after the date the mistake occurred, regardless of the discovery date for the injury.
There are some exceptions to the statute of limitations, particularly concerning children under the age of 18 who are injured by a medical mistake. In these cases, children have up to eight years from the day the injury occurs to file the medical malpractice claim, though the claim must be filed prior to the person’s 22nd birthday.
Who Can Be Held Liable For Medical Malpractice?
There are many parties they can be held liable for medical malpractice in Illinois. Most people think of only doctors and surgeons when they hear about medical mistakes, but there are many other medical professionals that owe a duty of care to their patients and can be held responsible when they make an error. This includes:
- Doctors
- Surgeons
- Chiropractic professionals
- Physician’s assistants
- Nurses
- Paramedics and EMTs
- Pharmacists
- Physical therapists
- Dentists
- Optometrists
- and more
What Type of Compensation is Available to Illinois Medical Malpractice Victims?
Medical malpractice victims may be entitled to various types of compensation for the injuries caused by the careless or negligent actions of a medical provider. As mentioned, there is no limitation on the damages that can be awarded to plaintiffs in these cases. Some of the types of economic and noneconomic damages available in these cases include:
- Full coverage of any medical bills caused by the mistake
- Coverage of any physical therapy or rehabilitation
- Lost wages if a victim cannot work
- General household out-of-pocket expenses
- Pain and suffering damages
- Loss of personal enjoyment damages
There is no set amount of money awarded in a medical malpractice case in Illinois. Rather, the total amount of damages awarded will depend on the various factors related to each particular situation. This includes the severity of the injury or illness caused by the medical mistake, the amount of medical care a victim needs to recover, whether the victim is disabled or not, the level of pain and suffering involved, and more.
How Common is Medical Malpractice in Illinois?
According to researchers from Johns Hopkins University, medical mistakes are the third leading cause of death in the United States. Researchers say that as many as 250,000 people lose their lives each year due to preventable medical errors. These mistakes occur in a variety of ways, including:
- A missed diagnosis and failure to treat
- Misdiagnosis of a patient’s condition
- Delayed diagnosis
- Surgical mistakes
- Anesthesia errors
- Healthcare-acquired infections
- Prescription medication errors
- Failure to monitor a patient’s condition