Illinois Medical Malpractice Laws and Regulations

We go to the doctor expecting to be healed, not harmed. Unfortunately, medical professionals are not immune from making mistakes – errors that can rise to the level of malpractice.

Doctors aren’t the only parties who could commit medical malpractice. Nurses, CNAs, anesthesiologists, pharmacists, and even medical care facilities could be liable when they fail to provide their patients with an acceptable level of care. A Chicago medical malpractice lawyer from Salvi, Schostok & Pritchard P.C. can help you learn more about your rights and options for demanding compensation for your losses, as well as what that process entails.

How Can a Medical Malpractice Lawyer Help?

Our firm has recovered more than $2 billion in compensation for our clients, including the largest personal injury verdict in Illinois history. Our diverse team of skilled litigators has secured 350 settlements or verdicts of $1 million or more. We have extensive resources and the tenacity in negotiations and in court to fight hard for our clients.

We look forward to meeting you during a free, no-obligation consultation and telling you more about what our medical malpractice attorneys can do for you.

What Is Medical Malpractice?

If a patient being treated for an injury or medical condition suffers harm due to negligence by a physician, nurse, medical facility, or other healthcare provider, they could have been a victim of malpractice.

In Illinois, a medical care professional or institution who breaches the standard of care required for their position and causes harm to a patient has committed malpractice. Generally speaking, the standard of care is that which would have been provided by another healthcare provider of similar training and experience in the same circumstances. So, a deviation from this standard of care that results in harm to the patient is likely medical malpractice.

Illinois Medical Malpractice Laws

There are a few important Illinois laws about medical malpractice you should know. Our Chicago medical malpractice attorneys can advise you on how they apply to your specific situation.

One of the most important is the statute of limitations or the deadline for filing a personal injury claim. The Illinois statute of limitations for medical malpractice is two years from the date the incident occurred, although there is an exception for instances where the harm that resulted from improper medical care is not immediately apparent.

In such cases, an injured patient has up to four years to bring suit. For example, if you were misdiagnosed as having mononucleosis but later discovered that your symptoms actually indicated cancer for which you were not tested, then you may have grounds to seek compensation. However, after four years, a judge would most likely dismiss your claim as untimely.

The Affidavit of Merit in Illinois Medical Malpractice Cases

If you are bringing an Illinois medical malpractice lawsuit, you must file an affidavit of merit (certificate of merit) along with the initial lawsuit petition. The affidavit of merit states that you or your medical malpractice lawyer in Chicago has consulted with a healthcare provider who understands the medical issues involved in the claim and practices (or has practiced in the last six years) medicine in the area of your complaint.

Continuing with the example above, if you were diagnosed with mono but actually have thyroid cancer, then you or your lawyer could consult with an oncologist to obtain the affidavit of merit.

Furthermore, the affidavit states that the doctor in question is competent and experienced in the subject matter addressed in the lawsuit. The affidavit should also include a written statement from the healthcare professional that there is reasonable cause for filing the suit.

If you can’t get a consultation with an appropriate healthcare professional before the statute of limitations expires, then you must file the affidavit and necessary supporting documentation within 90 days of filing the medical malpractice lawsuit. If you do not, then your suit faces dismissal.

Does Illinois Cap Medical Malpractice Damages?

Prior to 2010, Illinois capped how much patients could recover in non-economic compensation in medical malpractice lawsuits – damages like pain, suffering, emotional trauma, loss of companionship, and other intangible losses. However, the courts declared the cap was unconstitutional and, therefore, eliminated it.

Currently, Illinois does not cap how much a plaintiff can recover in compensation. However, state medical malpractice laws can change, so it’s essential to work with a lawyer who keeps abreast of changes in Illinois medical malpractice statutes.

The Illinois Medical Malpractice Statute of Limitations

Medical malpractice regulations in Illinois include a strict timeframe for victims to file their cases. The medical malpractice statute of limitations states that the suit must be filed within two years of the incident or two years from the time that the plaintiff either knew or could have reasonably known that malpractice occurred. It’s usually best to speak with a lawyer sooner rather than later, though, to give your attorney enough time to research your situation and secure the certificate of merit.

The Illinois law regarding the statute of limitations, 735 ILCS section 5/13-212(a), sets a longer deadline if the plaintiff doesn’t discover the injury right away. However, the law stipulates that in no

situation except one will a medical malpractice lawsuit be considered if it’s filed more than four years after the initial medical error or misdiagnosis occurred.

The sole exception is for plaintiffs whose malpractice incident occurred when they were under 18. These plaintiffs have an eight-year deadline to file a lawsuit. However, in no case may the suit be filed after the plaintiff turns 22.

Because Illinois courts are so strict about the statute of limitations, it is vital to start the process immediately. The medical malpractice lawyers at Salvi, Schostok & Pritchard P.C. offer free consultations, so you risk nothing by talking to a skilled professional. Our consultations are also entirely confidential and come without any further obligations on your part.

Contact Salvi, Schostok & Pritchard P.C. for Help with Your Medical Malpractice Case

If you’ve been hurt by improper medical treatment, a medical negligence attorney in Chicago from Salvi, Schostok & Pritchard P.C. can help you demand justice. We’ve recovered millions of dollars for our clients and are not afraid to take on even the largest healthcare conglomerates. We’re dedicated to holding the negligent parties responsible for the harm they cause, and we’re ready to demand top-dollar compensation for you.