What to Look for in a Medical Malpractice Lawyer
Unfortunately, medical malpractice is not a new concept. In fact, it has been occurring for thousands of years. Some of the earliest medical malpractice laws appear in the Code of Hammurabi, dating back to 18th century B.C. These ancient written laws contained harsh punishments for doctors who made harmful mistakes. Today we rely on our modern (and more humane) legal system to hold physicians accountable for their errors. That is why it’s so important to hire a qualified medical malpractice lawyer when things go wrong.
What is Medical Malpractice?
Medical malpractice is defined as any action or failure to act that causes harm or injury to a patient. The action (or inaction) must also differ from the accepted norms of practice within the medical community. In other words, a physician’s actions are compared to other doctors in the same area of specialty. A doctor who made different choices than other physicians would have made may be guilty of malpractice.
To prove malpractice, an injured patient must prove a physician was negligent, and that the negligence caused them harm. There are four legal elements that must be proven for a medical malpractice case to move forward:
(1) The doctor owed a professional duty to the patient
(2) The physician breached this duty
(3) This breach resulted in harm or injury to the patient
(4) The patient suffered damages, economic (medical bills and lost wages) and noneconomic (pain and suffering)
What a Medical Malpractice Lawyer Can Do for You
The laws governing malpractice cases are among the most complex of Illinois’ personal injury laws. An experienced medical malpractice lawyer who understands these complicated issues will maximize your chances of winning a large settlement.
Statute of Limitations for Medical Malpractice Lawsuits in Illinois
“Statute of limitations” refers to the time limit a plaintiff has to file a lawsuit.
In Illinois, medical malpractice claims must be filed within two years of when you became aware of, or should have become aware of, the physician’s negligent action.
In addition, Illinois law includes a “statute of repose.” This says that malpractice lawsuits cannot be filed more than four years after the negligence occurred. This doctrine applies regardless of when you discover that you were harmed by medical negligence.
Exceptions apply to patients who were under the age of 18 or those who had a legal disability when the malpractice occurred.
“Affidavit of Merit” Requirement
In Illinois, a plaintiff must file an affidavit declaring the case has been reviewed by a qualified health care professional. This is usually coordinated by the plaintiff’s attorney, another reason it’s essential to consult a knowledgeable medical malpractice lawyer.
The medical professional who reviews the case must meet certain requirements, including:
- Being knowledgeable about the medical issues related to the case
- Practicing or teaching (or having recently practiced or taught) in the same area of medicine pertaining to the case
- Meeting proper qualifications regarding experience and competence
Additionally, the health care professional must determine there is a “reasonable and meritorious cause” for the lawsuit. This determination must be in writing and attached to the other documentation included with the claim.
No Medical Malpractice Damage Caps
Many states have limits on compensation for non-economic damages such as pain and suffering. However, Illinois does not have these limits. A 2010 Illinois Supreme Court decision abolished the caps that previously limited this type of compensation.
Damages for pain and suffering are often a substantial part of a malpractice settlement. Therefore, you need a skilled medical malpractice lawyer to help you obtain the maximum amount of compensation.
Medical malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.
Sources: