Chicago Medical Malpractice Lawyers

Under medical malpractice law, a key element to having a successful case is proving negligence. Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonably prudent person would use under the same or similar circumstances.

Evidence of negligence is the basis for liability in these cases. Power Rogers can assess evidence of negligence in your case.

Proving Medical Negligence: Four Important Elements

Medical malpractice is a type of negligence committed by a professional healthcare provider – including, but not limited to, a doctor, nurse, dentist, hospital, or technician – whose care and treatment depart from the standard of care required for that profession, resulting in harm to their patient. Medical malpractice can occur when a healthcare provider does something he/she should not do, or fails to do something he/she should do.

Although these cases are highly fact-specific, there are a few general elements that must be demonstrated, including:

• Legal Duty – For there to be any valid basis for a medical malpractice claim, a legitimate doctor-patient relationship must be proven. That means plaintiffs will need to show they were in fact being treated by the provider against whom their claims are made, and that a bona fide doctor-patient relationship existed at the time of the alleged incident.
• Breach of Duty – When professional healthcare providers treat patients, they assume legal obligations for safely and competently providing care. This is known as their “duty of care,” and it generally requires practitioners to treat patients in accordance with the accepted standards of their profession (or specialty). To prevail in a medical malpractice case, it must be shown that the provider failed to meet the accepted standards of care, and therefore breached their duty of care. Though every case is unique, a departure from accepted standards is generally proven by illustrating how a provider failed to act in the manner a reasonably careful provider would have acted in the same or similar circumstances.
• Causation – Proving a breach of duty is only the first step in substantiating a malpractice claim; plaintiffs must additionally establish the link between the breach and the harm they claim to have suffered as a result. Given the highly technical nature of the practice of medicine, proving causation can be extremely difficult; meticulous investigations, collaboration with medical experts, and extensive knowledge of the law are crucial to proving medical negligence as a proximate cause of the injuries claimed.
• Damages – Medical malpractice claims allow victims to recover financial compensation for their damages (including their past and future pain and suffering, financial losses, and emotional injuries, among others). If there are no damages, there is no case – and if victims did in fact incur damages, a full accounting of their past and future losses is crucial to recovering the full amount of compensation they need and deserve.

Statute of Limitations for Medical Malpractice in Illinois

Victims and families looking to hold negligent healthcare providers liable for damages have a limited amount of time to file their claims. Under Illinois law 735 ILCS 5/13-212(a), medical malpractice claims against physicians and other providers are generally subject to a two-year statute of limitations. However, certain factors may toll or extend the statutory timeframe.

Illinois medical malpractice statute of limitations:

• Within two years of the date of injury or death or the date on which the plaintiff knew, or should have known, of the link between malpractice and injuries / death, but not more than 4 years from the date of injury or death.
• Within eight years of the date on which the malpractice occurred if the victim was under 18 at the time, but no later than the victim’s 22nd birthday.

Because plaintiffs are barred from filing lawsuits and recovering damages beyond the statute of limitations, we strongly encourage anyone with a potential claim to consult a Chicago medical malpractice attorney at Power Rogers as soon as possible.

Your Right to a Recovery of Damages

Medical malpractice lawsuits are important for several reasons. Apart from holding negligent providers accountable, sending a message that substandard care is not to be tolerated, and protecting other patients from suffering similar fates in the future, these claims offer victims an opportunity to recover financial compensation for their damages.

Although every victim or family will incur their unique losses, plaintiffs in medical malpractice claims are generally entitled to a recovery of their physical, financial, and emotional damages. In rare cases – particularly those involving egregious acts of misconduct – punitive damages may be sought as a means to further punish wrongdoers.

Recoverable damages in medical malpractice include:

• Pain and suffering
• Lost income / reduced earning potential
• Emotional distress / mental anguish
• Loss of enjoyment or quality of life
• Medical expenses (past and future)
• Disfigurement
• Lost future wages
• Loss of consortium (awarded to victims’ spouses)
• Funeral and burial expenses (wrongful death)
• Grief and sorrow (wrongful death)

Securing full compensation is critical for victims, especially when serious or permanent injuries necessitate long-term medical needs or a lifetime of medical care. In addition to collaborating with experts to establish malpractice, our team also leverages expert insight to calculate past and future damages – and fight for the maximum compensation possible.