How Illinois Medical Malpractice Claims Work 

Before you move forward with a medical malpractice lawsuit in the state of Illinois, you need to know what to expect from your case and the process. This process is often more complex and may require different evidence to succeed. 

If you’re unsure how Illinois medical malpractice claims work, reach out to the lawyers at Lane & Lane, LLC. They have the tools you need to make your claim succeed, guide you through the process, and ensure you know what to expect at every point of your lawsuit. 

What is Medical Malpractice?

Medical malpractice is when a healthcare professional that is supposed to follow a certain set of rules acts negligently. This malpractice usually leads to an injury of some kind, or in more extreme cases, even death. When filing your medical malpractice claim, you’ll need to prove this was an act of negligence, not an accident. 

For example, if your doctor did everything in their power to diagnose you correctly, but still failed to diagnose, this may be considered an unfortunate mistake. If your doctor ignored your symptoms and refused to take certain tests, you may have grounds for a malpractice lawsuit. 

Statute of Limitations

The statute of limitations caps the amount of time you can start a case. In Illinois, this limit is two years for medical malpractice cases. This means within two years of knowing that you were harmed due to the negligence of another individual, you have the right to file a claim.

Keep in mind that some medical malpractice cases may not be discovered until later. In these cases, you may have more time to file. Talk to your lawyer about your malpractice timeline to determine whether you have a viable case. 

Additionally, in the event that the harmed individual is under the age of eighteen, the case must be filed within eight years of the date that the incident occurred. It must be brought up before the individual turns twenty-two. 

Affidavit of Merit 

In Illinois, the Affidavit of Merit states that you have consulted with another healthcare professional about your condition. They are knowledgeable about the medical issues of the individual, have a license to practice or teach medicine in the state, and have experience in the subject matter of the case. 

This affidavit must also have a written statement from this professional. They should show that there is a reasonable and meritorious cause for this specific case. Without this attached, the claim can be dismissed. 

Medical Malpractice Caps 

In the past, Illinois did have a cap on the amount that an individual is able to gain from a medical malpractice case. However, this was changed because it was declared as being unconstitutional by the Illinois Supreme Court in 2010. 

For now, there is no cap that is placed on these cases for damages of any kind. That means you have grounds for the economic and non-economic damages you’re due. Talk to your lawyer about the full damages you’re due when you’re hurt. 

Reach Out to a Medical Malpractice Lawyer 

If you feel you may have a medical malpractice claim, speaking with the right lawyer can help your case succeed. 

When you’re ready to learn more through a free consultation, contact the lawyers at Lane & Lane, LLC. Give us a call today at 312-332-1400, or fill out the online contact form below. 

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