When medical treatment goes wrong, the consequences can change a life in an instant. In Illinois, patients have the right to hold negligent providers accountable, but doing so isn’t simple.
An Illinois medical malpractice lawyer can guide you through strict deadlines, complex rules, and the challenges of proving your case. At Costa Ivone, we help clients understand their rights and fight for the compensation they deserve.
Why You May Need an Illinois Medical Malpractice Lawyer
The law requires proof that a healthcare provider failed to act as another competent professional would in the same situation. As a result, the legal process requires a thorough investigation and a robust legal strategy.
An experienced Illinois medical malpractice lawyer understands these challenges and knows how to present them effectively in court.
Medical Malpractice Statue of Limitations in Illinois
The statute of limitations for medical malpractice claims in Illinois is two years. This two-year period begins when a person (1) knows, (2) should have known through reasonable diligence, that an injury occurred, or (3) receives written notice of the injury.
Illinois also imposes a four-year statute of repose. This rule prevents lawsuits filed more than four years after the act, omission, or occurrence that caused the injury. For example, if an injury is discovered three years after the malpractice took place, a patient generally has only one year left to file a claim.
Minors are treated differently. They have up to eight years or until their 22nd birthday—whichever comes first—to file a medical malpractice lawsuit.
How Do You Prove a Malpractice Claim?
To prove a medical malpractice claim, you will virtually always have to rely on expert testimony. An expert witness is an individual who is qualified as an expert by virtue of their knowledge, skill, experience, training, or education. Expert witnesses present scientific, technical, or specialized knowledge to assist the jury in deciding a case
That’s important in most medical malpractice claims. Proving that a doctor, hospital, or other healthcare provider breached the standard of care isn’t something most jurors can determine on their own.
In addition to introducing expert testimony during trial, Illinois law also requires that the plaintiff attach an affidavit to his or her complaint. In the affidavit, the plaintiff or their medical malpractice attorney must swear that they consulted with a health professional.
After reviewing the medical record and other relevant material, the health professional must provide a written report stating there is a “reasonable and meritorious cause” for the lawsuit. The written report must also be attached to the complaint.
Are Medical Malpractice Damages Limited in Illinois?
In recent decades, many states have changed their laws to cap damages in medical malpractice and other personal injury lawsuits. The Illinois General Assembly has tried to do the same, but the Illinois Supreme Court struck down both of its past efforts
In 1995, the General Assembly enacted P.A. 89-7. Among other changes, the act limited non-economic damages (like damages for pain and suffering) to $500,000. In Best v. Taylor Machine Works, the Illinois Supreme Court held that P.A. 89-7’s cap on non-economic damages violated the Illinois Constitution’s ban on special legislation and the separation of powers.
A decade later, the General Assembly enacted P.A. 94-677, which limited non-economic damages in medical malpractice lawsuits to $500,000 against a doctor or $1,000,000 against a hospital. Relying on its analysis in Best, the Supreme Court of Illinois struck down this limitation in Lebron v. Gottlieb Memorial Hospital, finding that it, too, violated the separation of powers.
(One type of damage is limited in medical malpractice lawsuits. Under 735 ILCS 5/2-1115, punitive damages—damages meant to punish the defendant, rather than compensate the plaintiff—are not allowed.)
In summary, plaintiffs in Illinois medical malpractice lawsuits can recover whatever economic or non-economic damages they can prove.
What to Do if You’ve Been Injured by Medical Malpractice in Illinois
If you believe you’ve been harmed by medical malpractice, your first step is to seek medical treatment for your injuries. Your next step is to work with a skilled legal team that can guide you through the process.
Why Costa Ivone Is the Illinois Medical Malpractice Lawyer You Need
Medical malpractice can be devastating for patients and families. At Costa Ivone, we use our knowledge and resources to pursue the compensation you deserve. As a trusted Illinois medical malpractice lawyer, we also assist clients in related areas, including personal injury law and workers’ compensation claims.
Connect with us today and let us stand by your side and fight for your recovery.
