What Is Considered Medical Malpractice?

Medical malpractice may leave you with injuries and long-term health complications. Under Illinois laws, you are entitled to seek compensatory damages for such negligence. A medical malpractice lawyer can help you file the claim and seek damages from the at-fault party.

Before you can file a claim, it is important to understand what constitutes medical malpractice under state laws.

What Constitutes Medical Malpractice?

When a doctor treats you, they are expected to provide care on par with a certain standard of care. This is the average standard that most other professionals in the same capacity would observe. When the doctor fails to observe this standard, and this failure directly leads to an injury or death, it constitutes medical malpractice.

Some examples of medical malpractice include:

  • Failure to diagnose correctly
  • Failure to properly take patient history
  • Performing an unnecessary surgery
  • Mistakes during a surgery
  • Prescribing wrong medication or dosage
  • Discharging a patient before the proper time

How to Prove Medical Malpractice Claims

You can prove that medical malpractice occurred if you can prove the following three elements:

  1. The victim was under the care of the negligent party.
  2. The negligent party failed to uphold the standard of care.
  3. This failure directly led to the injuries of the victim.

You must file the claim within two years of the injury, as per Illinois Statutes section 5/13-212(a). The deadline is extended to four years if the discovery of the injury occurred later.

Providing the Affidavit of Merit

When filing a medical malpractice lawsuit, you are legally required to provide an affidavit of merit. This requirement is noted in Illinois Statutes ILCS Section 5/2-622.

The affidavit declares that you have consulted a relevant, qualified, and experienced professional for your lawsuit. The affidavit also includes a written report from this professional confirming that you have genuine grounds for the claim. If you are unable to furnish the affidavit when first filing the lawsuit, you still have another 90 days to provide it.

Get Help from a Medical Malpractice Lawyer

If you or a loved one has suffered medical malpractice, we can help you. Here at Lane & Lane, LLC, our lawyers can help you get the affidavit of merit and meet other requirements when filing a medical malpractice lawsuit. We also work with you to seek the maximum compensation from the negligent physician or healthcare facility.

Call us today at 312-332-1400 to discuss your medical malpractice claim with our personal injury lawyers in a free consultation. We can also be reached through the form below.

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