Doctors and hospitals are among the most trusted people and institutions in the nation, which makes harmful practices that come from them even more disappointing and frustrating. However, there is legal recourse for people who are injured due to mistreatment at the hands of medical professionals.
If you are injured from medical malpractice, contacting a Wheaton medical malpractice lawyer could be the best option to secure a brighter future for you and your family. With help from a compassionate and experienced personal injury attorney, you may be able to obtain significant compensation for your injuries and losses.
Defining Medical Malpractice
There can be some confusion regarding what kinds of injuries or events constitute medical malpractice, especially for laypeople unfamiliar with the law. Examples of medical malpractice can include injuries sustained from poor nursing home operations, misdiagnosis from a doctor, brain injuries, errors committed while performing a surgery, injuries sustained during the birthing process, and more. A knowledgeable Wheaton medical malpractice could help clients analyze their case and decided whether they have appropriate grounds to pursue legal recourse.
Available Damages in Wheaton Medical Malpractice Cases
In some states, injured patients can sue the hospital or doctors that treated them for punitive damages if it is found they acted intentionally or in an egregiously careless way to cause harm. Illinois is not such a state, however, so a person injured in a medical malpractice case in Wheaton cannot seek or expect to recover punitive damages.
One upside to filing a medical malpractice claim in Illinois, however, is that there is no cap on the amount of money an injured plaintiff can receive for economic damages. These are damages like medical bills or lost wages that have a clear price attached to them.
For other non-economic damages, such as pain and suffering, there are damage caps still on the books. However, these caps were overturned and ruled unconstitutional in recent court cases.
Requirements for a Medical Malpractice Case
One of the most important issues in a medical malpractice lawsuit is the statute of limitations. In Illinois, the statute of limitations for these cases is set at two years from the date on which the injured person discovered the injury or reasonably ought to have known about the injury. However, there is also a cap on medical malpractice lawsuits that is set at four years from the date of the actual malpractice incident, regardless of the injury discovery date.
Taken together, this means that the injured person must file their claim within two years of discovering the injury and within four years of the actual date of the malpractice. Failing to do so may result in the loss of the injured person’s right to receive compensation.
An additional requirement for medical malpractice cases in Illinois is that injured people must have a report or testimony from a medical professional that affirms the defendants failed to exercise the proper care. With help from a Wheaton medical malpractice attorney, clients could have easier access to these expert witnesses who could significantly bolster their case.
Consult with a Wheaton Medical Malpractice Attorney Today
If a medical malpractice incident leaves you injured, do not hesitate to contact a Wheaton medical malpractice lawyer as soon as possible. The sooner they are on the case, the sooner you and your family could rest assured that your interests are being aggressively pursued and your rights are being protected. Call now to get started.