FAQs

Each state usually establishes a legal time limit for filing most lawsuits, called the statute of limitations. Any lawsuit that may be filed after the applicable statute of limitations expires will generally not be allowed. In Illinois, a victim of medical malpractice has two years from the date the malpractice was discovered to file a medical malpractice lawsuit. This date of discovery is the date the victim discovered, or should have discovered, the injuries, or when the victim discovered that the injuries resulted from medical malpractice. Finally, Illinois law also prevents a patient from filing a medical malpractice claim more than four years after the date the treatment was provided, regardless of when the malpractice was discovered.

If you or a loved one has been the victim of medical malpractice, you should contact an experienced attorney like Michael J. Brennan to allow him to use his years of experience to your advantage in seeking the compensation you deserve. His skilled team will walk you through every stage of filing a medical malpractice claim in Illinois, and they will handle your case while allowing you to recover.

If you or a loved one has been injured as a result of medical malpractice in Illinois, there will be several steps to follow to pursue compensation, including:

Get Medical Attention

After discovering medical malpractice, the first step is to seek medical care for the injury or illness you have suffered.

Contact an Attorney

Medical malpractice suits are often too complicated. It is crucial to hire an experienced medical malpractice attorney who can navigate the complicated field of medical malpractice claims and help level the playing field with the insurance companies.

Filing an “Affidavit of Merit”

Before you can file a medical malpractice lawsuit, Illinois law requires victims to first file, with the lawsuit, an affidavit which states that the victim or their attorney has reviewed the facts of the case with a “qualified health care professional” who is knowledgeable about the medical issues involved, is qualified and competent, and currently teaches or practices in the area of medicine in the case. This affidavit must further state that the health care professional believed that there was a “reasonable and meritorious cause” for the filing of the medical malpractice claim.

File a Medical Malpractice Lawsuit

Together with the Affidavit of Merit, your lawyer will file your medical malpractice lawsuit. After filing the lawsuit, your attorney may then conduct discovery to exchange information and evidence with the other party before attempting to negotiate a settlement with the other party or their insurer. If no settlement can be reached, your lawyer may then take your case to trial.

Emergency room malpractice may include failing to order appropriate tests or getting a full and accurate description of the patient’s symptoms, misreading tests, doctors failing to supervise staff, or other errors.

Common surgical errors include puncturing an organ, failing to properly administer anesthesia, failing to prepare a patient for surgery properly, or monitor them after surgery. These errors also include more egregious errors such as operating on the wrong patient or wrong part of a patient’s body and leaving an item inside the body by accident.

Birthing injuries may often occur due to preventable medical errors during the planning, pregnancy, or labor stages of the pregnancy. Common birthing injuries may include genetic testing errors. At the same time, there may also be malpractice during the pregnancy as the doctor may fail to identify gestational diabetes, an ectopic pregnancy, any birth defects, or other harm. Finally, birthing injuries may also occur during labor or delivery.

Medication errors may occur when a doctor prescribes a medication that causes an allergic reaction or may negatively interact with other medicines the person is taking. Patients may also receive the wrong type or dosage of drugs, causing harm.

Hospital Infections

Hospital infections are often dangerous, such as MRSA infections or other bacterial infections that may cause life-threatening illness. Negligence by medical staff may spread these infections to patients.

Many malpractice claims may sometimes involve a claim that medical staff committed a diagnostic error, which may occur if:

• You were diagnosed with a condition that you did not have;
• You were not diagnosed with a medical condition even though your symptoms were consistent with that medical condition; or
• You were not diagnosed with the medical condition until after it already reached an incurable or untreatable stage. This delay in diagnosing the condition was the fault of the medical staff.

Medical malpractice may come in many forms, and in Illinois, these claims may include claims of malpractice including improper diagnosis, medication errors, hospital infections, birthing injuries, surgical errors and emergency room errors.

What is Medical Malpractice?

Medical malpractice generally refers to the failure of a medical professional to treat a patient properly. Any act or omission by the medical professional which fails to meet the accepted and applicable medical standard of care may constitute medical malpractice. Malpractice may occur in various contexts, including an improper or missed diagnosis, surgical accidents, providing the wrong medication, or several other errors that could cause severe harm or death to the patient.

Is Medical Malpractice a Civil or Criminal Suit?

While medical malpractice may often severely injure or even kill victims, these claims are almost always civil offenses. Only in rare cases may medical malpractice claims also result in criminal charges for the medical professional, where law enforcement may charge the professional with gross negligence or involuntary manslaughter where the professional was extremely careless or showed extreme indifference to their responsibility for caring for their patients. 

When Should I Sue for Medical Malpractice?  

Not all medical malpractice cases may require a lawsuit to pursue compensation, while other potential issues may not be sufficient to justify a lawsuit. When deciding whether you should sue, it is crucial to begin by remembering that not every medical negligence case will justify a medical malpractice lawsuit. There must also be proof that you were injured and that this medical negligence caused these injuries. Further, if the treatment was merely unsuccessful, this may often not constitute medical malpractice. Finally, in some cases involving more blatant medical malpractice, the insurer may move quickly to settle your claim before you ever need to file a medical malpractice claim, which allows you to save the time and expenses of a lawsuit and potential trial.

If you believe you have been injured due to medical negligence, you should contact a medical malpractice attorney like Michael J. Brennan to discuss your legal options and whether you may have a case. Your attorney can discuss your case with you and often seek expert advice from medical experts in the field as to whether your case may justify a medical malpractice lawsuit.

What Kind of Lawyer Do I Need for Medical Malpractice?

If you have been injured due to medical malpractice, you will need a skilled personal injury attorney with years of experience pursuing medical malpractice cases. Medical negligence cases are often incredibly complicated and require extensive research, investigation, and consultation with expert witnesses. Given the complexity and costs associated with medical malpractice cases, finding the right attorney may be difficult. First, you should look for an attorney who focuses in handling medical malpractice cases. You want an attorney who has experience handling a variety of medical negligence cases.

Fortunately, there are several steps you can take to find the right kind of lawyer to handle your case, such as:

Seek a Referral from a Lawyer You Trust

One of the first ways to find the right kind of lawyer to handle your medical malpractice claim is to contact another lawyer that you know to ask for a referral. Other lawyers may be able to recommend a skilled personal injury lawyer who specializes in medical malpractice claims to help you. If you know a lawyer you trust, taking advantage of their professional relationships with peers may help you narrow your options.

Do Your Research

Next, you can do your research, often online or by contacting your local or state bar association to locate lawyers with a medical malpractice focus. Many lawyers also now have websites that offer an excellent opportunity to research the attorney, see the practice areas they work in, and learn more about the lawyer.

Ask Questions

Finally, once you have a shortlist of experienced medical malpractice attorneys and have conducted some research on your own, you should contact each lawyer and ask them various questions. You should begin by asking about the attorney’s experience as a lawyer and handling medical negligence claims. Ask about the number of such cases as well as about those cases. You should also ask the lawyer about the medical expert witnesses the attorney may expect to prove that the medical professional was negligent in caring for you.

If you or a loved one has been injured due to medical malpractice, you should contact Michael J. Brennan to obtain the help of an attorney experienced in handling medical malpractice lawsuits. Michael can help manage your case throughout the lawsuit process and help you seek any compensation you may be entitled to.