Understanding your rights under Illinois state law is critical if you or a loved one is the victim of medical malpractice. Legally, medical malpractice is defined as the failure of a medical professional to adhere to commonly accepted standards of care, resulting in either death or significant injury. Doctors, as well as nurses, hospitals, technicians, pathologists, and other healthcare providers, can all be held accountable for action or inaction that results in injury to a person.
However, not every injury that results from a medical procedure is considered malpractice. That’s why, if you suspect malpractice, it’s important to speak with an attorney who specializes in these claims as soon as possible. The attorneys at Clifford Law Offices possess decades of combined experience in medical malpractice claims, and we’ve obtained record-setting verdicts on behalf of our clients.
Continue reading to learn more about your rights surrounding an Illinois medical malpractice claim.
Your Right to Compensation
Victims of medical malpractice are entitled to both economic and non-economic damages in an effort to be ‘made whole’ again. Economic damages cover costs such as your medical bills and lost wages due to an injury. Non-economic damages compensate victims for the pain and suffering that result from an injury, as well as factors like physical disfigurement and loss of enjoyment. Unlike many other states, Illinois has no cap on the amount of economic or non-economic damages that may be awarded for medical malpractice.
The damages awarded for medical malpractice are unique to each situation. Discussing the specifics of your claim with an experienced medical malpractice attorney is the best way to understand what compensation is recoverable.
Your Right to Your Documents and Records
Obtaining copies of your medical records and all other documents related to your care is one of the most important steps to take before filing a medical malpractice claim. As soon as you suspect malpractice, request all records from your doctor, the hospital, and any other providers involved in your care.
In a medical malpractice claim, the burden of proof falls on the plaintiff to prove that injury or death was caused by negligence, and so proper documentation is key to establishing if malpractice has occurred. When speaking with healthcare providers, remember you have a legal right to your medical records, regardless of whether or not you file a claim. The types of records you should ask for include your complete medical history, the results of any diagnostic tests, blood work, and imaging such as X-rays and MRIs.
Our medical malpractice attorneys will provide you with valuable insights concerning your medical records, access to expert professional witnesses, and the advocacy of legal advisors with decades of experience.
Understanding Illinois’ Medical Malpractice Statute of Limitations
As with any lawsuit, potential plaintiffs must understand the statute of limitations that apply to their claims. Strict limits govern how long a patient has to file a claim after an incident of malpractice. In Illinois, state law requires plaintiffs to initiate medical malpractice claims within two years of when the plaintiff knew, or reasonably should have known, about an injury caused by a health professional’s negligence. Regardless of when the injury was discovered, all such claims must be filed no later than four years after the date of the original medical error.
Different laws apply if the individual harmed by medical malpractice was under the age of 18 at the time of the injury. Illinois law states that medical malpractice claims for minors must be filed within eight years of the original injury and no later than the plaintiff’s twenty-second birthday.
Contact an Experienced Chicago Medical Malpractice Attorney
Medical malpractice claims are extraordinarily complex. If you or a family member have been harmed through the negligence of a doctor or other healthcare worker, don’t delay. Seek professional legal representation immediately.
As one of the top medical malpractice law firms in Illinois, Clifford Law Offices is prepared to answer your questions and take the time to determine the needs of your claim. Our law firm has a strong record of positive results and has recovered hundreds of millions of dollars on behalf of those injured by medical malpractice.
Contact Clifford Law Offices today and speak with one of our experienced medical malpractice attorneys.