Medical Malpractice Lawyer Chicago, IL

Recovering After Medical Malpractice

Our Chicago, IL medical malpractice lawyer understands that medical professionals are entrusted with one of the most important responsibilities—your well-being. However, when that trust is broken due to negligence or incompetence, the results can be devastating. Medical malpractice occurs when a healthcare provider fails to meet the standard of care in their profession, leading to injury or harm to the patient.

The effects can range from minor setbacks to life-altering conditions or even death. When you or a loved one becomes a victim of medical malpractice, you need a legal team that specializes in healthcare laws, medical jargon, and insurance protocols. Disparti Law Group is committed to fighting for your rights, ensuring you get the compensation you deserve for your emotional and physical suffering, lost wages, and more. Trust us to bring justice to your side. Call to schedule a free consultation today.

Understanding Medical Malpractice

In the state of Illinois, medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or medical facility, deviates from the accepted standard of care within the medical community, resulting in injury or harm to the patient. This could include acts of negligence like misdiagnosis, delayed diagnosis, surgical errors, medication mistakes, or improper treatment plans.

Proving medical malpractice requires establishing three key elements: that a duty of care existed between the healthcare provider and the patient, that the provider breached this duty through substandard care, and that the breach directly resulted in harm or injury to the patient. Victims have a limited time to file a lawsuit, generally within two years from the date the malpractice was discovered. 

The Duration of Medical Malpractice Lawsuits

The duration of a medical malpractice lawsuit can vary widely based on a multitude of factors including the circumstances of the case, the willingness of parties to settle, court availability, and the thoroughness of the investigative phase. Generally speaking, medical malpractice lawsuits are complicated legal endeavors that often require extensive discovery, specialist testimony, and detailed legal arguments.

These lawsuits can take anywhere from a few months to several years to reach a conclusion. Factors like gathering medical records, deposing witnesses, and negotiating with insurance companies can all contribute to the length of time a case takes.

Even after a lawsuit is filed, both parties may engage in settlement negotiations, either informally or through alternative dispute resolution methods like mediation, which can further extend or shorten the timeline. Due to these variables, it’s essential to consult with our experienced legal professionals who can give you a more accurate estimate tailored to the specifics of your case.

Alternative Dispute Resolution

Chicago, like many jurisdictions, encourages alternative dispute resolution (ADR) methods such as mediation and arbitration to resolve medical malpractice disputes before they go to trial. ADR can be a more cost-effective and time-efficient way to reach a resolution without the uncertainty of a trial. However, both parties must agree to participate in ADR, and the process may not always lead to a settlement.

If you have been hurt under a medical professional’s care, schedule a consultation with our Chicago medical malpractice lawyer. At Disparti Law Group. We want to help you get the justice you deserve.

Chicago Medical Malpractice Laws

If you have suffered injuries under a medical professional’s care, contact our injury lawyer. Medical malpractice laws in Chicago, Illinois are designed to ensure the accountability of healthcare providers and protect the rights of patients who may have suffered harm due to medical negligence. 

Elements Of A Medical Malpractice Claim

To pursue a medical malpractice claim in Chicago, certain key elements must be present. These include:

• Duty of Care: The plaintiff (the injured party) must establish that the healthcare provider owed them a duty of care. This means that a doctor-patient relationship existed.
• Breach of Standard of Care: The plaintiff must prove that the healthcare provider deviated from the standard of care that a reasonably competent professional in the same field would have followed under similar circumstances.
• Causation: It’s essential to show that the breach of the standard of care was the proximate cause of the injury or harm suffered by the patient.
• Damages: The patient must have suffered actual harm, such as physical, emotional, or financial losses, due to the healthcare provider’s negligence.

Statute Of Limitations

In Chicago, there is a statute of limitations that restricts the time within which a medical malpractice lawsuit can be filed. Typically, the statute of limitations is two years from the date the patient discovers, or reasonably should have discovered, their injury. However, there is also a four-year “statute of repose” that sets an absolute deadline for filing a claim, regardless of when the injury is discovered. Consult with our attorney to understand how these time limits apply to your specific case.

Limits On Damages

As our attorney can attest, Illinois has enacted laws that impose limits on the amount of compensation a plaintiff can recover in a medical malpractice case. These caps include:

• Non-economic Damages: Non-economic damages, which include pain and suffering, are capped at $500,000 against healthcare providers and $1,000,000 against hospitals.
• Economic Damages: There are no statutory limits on economic damages, which can include medical expenses and lost income.

Proving Medical Malpractice

Proving medical malpractice in Illinois involves establishing three key elements: duty, breach, and causation. First, you must prove that there was a duty of care between the healthcare provider and the patient, meaning the provider was obligated to treat you according to accepted medical standards.

Second, you need to demonstrate that the provider breached this duty by failing to meet the standard of care, either through negligence, omission, or deliberate action. Finally, it must be shown that this breach directly caused your injury or harm. This often involves the testimony of medical experts who can confirm that the healthcare provider’s actions or omissions were negligent and resulted in your suffering.

Given the difficulties involved in proving medical malpractice, consultation with a seasoned attorney is essential for a strong legal case.

Parties Who May Be Found Liable in a Medical Malpractice Case

In medical malpractice claims and lawsuits, various parties can be held liable depending on the circumstances of the case. Here is a list of potential parties that may be found accountable:

• Physicians/Surgeons: Doctors may be liable for misdiagnosis, surgical errors, or improper treatment.
• Nurses: Nursing staff can be held responsible for medication errors, improper monitoring, or failure to follow physician instructions, among other issues.
• Dentists and Oral Surgeons: Mistakes in dental care or oral surgery can also be grounds for malpractice.
• Anesthesiologists: Errors in administering anesthesia can lead to serious consequences including brain injury or death.
• Pharmacists: Incorrectly filling a prescription or failing to catch harmful drug interactions could result in pharmacist liability.
• Hospitals: The facility itself can be held liable for issues like patient neglect, failure to follow protocols, or inadequate staffing.
• Medical Technicians: Errors in lab work or diagnostics, such as incorrect blood tests or imaging studies, can make technicians liable.
• Psychiatrists/Psychologists: Misdiagnosis, improper treatment, or ethical breaches could result in liability.
• Physical Therapists: Failure to provide the standard of care or causing injury through incorrect exercises could make physical therapists liable.
• Midwives/Doulas: Negligence during childbirth procedures can result in serious harm to both the mother and the child.
• Chiropractors: Malpractice claims can arise from spinal adjustments that result in injury.
• Consulting Specialists: Doctors consulted for a second opinion can also be held liable if their advice leads to harm.
• Radiologists: Misreading or failing to properly interpret x-rays, MRI, or other imaging studies could result in liability.
• Healthcare Providers’ Employers: Sometimes, the organizations employing healthcare providers can be held vicariously liable for the actions of their employees.
• Medical Device Manufacturers: In some cases, the makers of defective medical devices can be held liable for injuries.
• Emergency Medical Technicians (EMTs): Negligence during emergency care can also lead to liability.
• Outpatient and Urgent Care Centers: Like hospitals, these facilities can be held responsible for failure to adhere to medical standards.
• Pharmaceutical Companies: If a drug is improperly labeled or has undisclosed side effects, the drug manufacturer might be held liable.

Chicago Medical Malpractice Infographic

Chicago Medical Malpractice Statistics

According to national statistics, some of the most common types of malpractice cases include:

• Misdiagnosis or delayed diagnosis accounts for nearly one-third (32%) of medical malpractice claims.
• Surgical errors account for one-quarter of all claims against negligent care providers.
• Prescription errors harm 1.5 million people annually, causing $3.5 billion in damages.
• Anesthesia errors account for 2.7% of medical malpractice claims.

Contact our skilled medical malpractice lawyer if you’ve been a victim of medical negligence.

Chicago Medical Malpractice FAQs

How long do you have to sue a doctor for malpractice in Illinois?

In Illinois, the statute of limitations for filing a medical malpractice lawsuit against a doctor is generally two years from the date the victim knew or reasonably should have known of the injury. However, there is an overall cap of four years from the date the malpractice occurred, regardless of when it was discovered.

For minors under the age of 18, the statute of limitations extends to eight years or until the minor reaches the age of 22, whichever comes first. Failure to file within the specified time frame may result in losing the right to pursue the case altogether. It’s essential to consult with our experienced legal professionals to ensure that you meet all deadlines and procedural requirements.

How do I sue a doctor for malpractice in Illinois?

Initiating a medical malpractice lawsuit in Illinois involves several critical steps. First, consult with our experienced medical malpractice attorney to evaluate the merits of your case. Then, collect all pertinent medical records, bills, and evidence that substantiate your claim. Illinois law requires the filing of an “affidavit of merit,” a document stating that a qualified healthcare professional has reviewed your case and believes there’s a reasonable cause for action.

Our attorney will formally file a complaint against the healthcare provider, initiating the lawsuit. The complaint outlines the alleged malpractice and demands compensation for damages. From there, both parties engage in discovery, gathering evidence and testimony. Depending on the circumstances, the case may settle out of court or proceed to trial. Due to the many challenges involved, it’s essential to seek legal advice to guide you through the process and ensure all legal timelines and protocols are met.

Who can I sue for medical malpractice in Illinois?

In Illinois, various parties involved in your healthcare can be held liable for medical malpractice, depending on the circumstances of your case. This can include physicians, surgeons, nurses, dentists, anesthesiologists, and other medical professionals who directly provided care. Hospitals, medical facilities, and clinics can also be sued for institutional negligence, such as improper staffing or failure to follow medical protocols.

In some cases, you can sue medical technicians for lab errors, pharmacists for prescription mistakes, or even medical device manufacturers for defective products. Consulting specialists and mental healthcare providers can also be potential defendants. 

How do I report medical malpractice in Illinois?

Reporting medical malpractice in Illinois involves several avenues. You can file a formal complaint with the Illinois Department of Financial and Professional Regulation (IDFPR), the agency responsible for licensing and regulating healthcare providers. This can be done online or via mail, and it serves to initiate an administrative review.

For more immediate concerns, especially those involving urgent health risks, contacting local authorities or a medical board may be advised. Additionally, you should consult our experienced medical malpractice attorney to discuss your legal options, which may include filing a civil lawsuit for damages. It’s crucial to keep detailed records of the incident, including medical reports, bills, and any correspondence with healthcare providers, as these will be vital in any legal proceedings.

Chicago Medical Malpractice Glossary

At Disparti Law Group, we know how challenging it can be to face the consequences of medical errors. When you need a Chicago, IL medical malpractice lawyer, understanding certain legal and medical terms can help you stay informed throughout the process. This glossary covers essential terms that come up frequently in medical malpractice cases, helping you better grasp how your case is handled.

Informed Consent

Informed consent refers to the process by which a patient receives information about a proposed medical procedure or treatment, including the risks, benefits, and alternatives, and then voluntarily agrees to proceed. This consent must be based on adequate information and understanding of what the treatment involves. If a healthcare provider performs a procedure without obtaining proper informed consent, the patient may have grounds to pursue a medical malpractice claim if harm results. It’s important that patients fully understand all potential outcomes before agreeing to any medical intervention.

Diagnostic Testing Errors

Diagnostic testing errors occur when mistakes happen during the ordering, conducting, or interpreting of medical tests such as blood work, imaging studies (like X-rays or MRIs), or biopsies. These errors can lead to delayed treatment, misdiagnosis, or failure to diagnose a serious condition. For example, a radiologist may misread an imaging scan, or a lab technician might mishandle a sample, causing incorrect results. Diagnostic testing errors are significant because they can prevent timely care, which might worsen a patient’s condition.

Medication Administration Protocols

Medication administration protocols are the standard procedures healthcare providers follow to safely prescribe, dispense, and administer medications to patients. These protocols include verifying patient identity, correct dosage, proper timing, and potential drug interactions. When these protocols are not followed correctly, patients may suffer from harmful side effects, overdoses, or allergic reactions. Errors in this area often occur in hospital settings or nursing homes, emphasizing the importance of strict adherence to established guidelines.

Surgical Site Management

Surgical site management involves the proper care and monitoring of the area where a surgical procedure is performed. This includes sterilization before surgery, proper wound care after the operation, and monitoring for signs of infection or other complications. Inadequate surgical site management can result in infections, poor wound healing, or additional surgeries to correct issues. Healthcare providers must follow best practices to minimize risks and ensure patient safety during and after surgery.

Patient Monitoring Procedures

Patient monitoring procedures are the methods used to continuously assess a patient’s vital signs and overall condition during and after medical treatment. This includes checking blood pressure, heart rate, oxygen levels, and other critical indicators. Failure to properly monitor patients, especially during surgery or while administering medications, can lead to serious health complications. Effective monitoring helps healthcare providers respond quickly to any changes in a patient’s condition, improving the chances of a safe recovery.

If you believe you’ve been affected by a medical error, our team at Disparti Law Group is ready to help. Schedule a consultation with our Chicago, IL medical malpractice lawyer to discuss your options and take the first step toward justice.

Disparti Law Group, Chicago Medical Malpractice Attorney

121 W Wacker Dr. Suite 2300, Chicago, IL 60601

Contact Our Chicago Medical Malpractice Lawyer Today

In medical malpractice cases the balance of power often tilts in favor of healthcare providers and insurance companies. You need an ally to level the playing field. Disparti Law Group stands as your steadfast advocate in Chicago, IL, dedicated to fighting for the justice and compensation you rightfully deserve.

Our seasoned team of attorneys are well-versed in Illinois medical malpractice law, leveraging decades of combined experience to understand the intricacies of each unique case. From gathering crucial evidence to securing witness testimonies, we manage every aspect of your claim, providing you the peace of mind to focus on your recovery. Don’t let the negligence of a healthcare provider compromise your future. Partner with Disparti Law Group to secure the justice you need and the settlement you deserve.