Everyone trusts that when they visit their doctor, they will feel better afterward. Sadly, that is not always the case. While experiencing an injury or a worsening of a medical condition after seeking treatment does not always mean there is a case for medical malpractice, if there is evidence your doctor did not provide the same standard of care another healthcare professional would have, there may be cause for legal action.
Schedule to meet with a Plainfield medical malpractice lawyer from our firm when you have questions or would like to learn more about your legal options after experiencing medical negligence. At Costa Ivone, LLC, our team of qualified personal injury attorneys can help you determine whether you have a viable case and guide you through the process of pursuing compensation for your losses.
Common Medical Malpractice Lawsuit Causes
There are many injuries from medical procedures or treatment that could be cause for a lawsuit. Some of the most common causes of healthcare negligence claims include:
- Failure to treat
- Childbirth injuries
- Anesthesia errors
- Surgical mistakes
- Defective medicine, medical equipment, or prescription errors
A Plainfield medical malpractice attorney could answer specific questions during a consultation and help determine if there is cause for legal action.
Damages for Medical Malpractice Lawsuits
Illinois law does not place damage caps on medical malpractice lawsuits. The settlement could cover the cost of current and ongoing healthcare, lost wages and future earning potential, and pain and suffering.
The Affidavit of Merit in Medical Negligence
When an injured person files legal action for medical malpractice in the state of Illinois, they must also file an Affidavit of Merit. The affidavit affirms that the injured party or their attorney reviewed the case with a qualified doctor or other healthcare professional and determined there is reasonable cause for a lawsuit. According to the 735 Illinois Code of Civil Procedure § 5/2-622, the medical professional must be knowledgeable about the procedure or treatment and field of medicine through practice or teaching.
This medical expert must confirm that after reviewing the case, the original practitioner was negligent and strayed from the standard of care. Failing to file the affidavit with the complaint could lead to dismissal, making the injured person ineligible to collect damages. A medical malpractice attorney in Plainfield could work with experts in the field and handle the filings on the injured party’s behalf.
The Deadline for Filing Medical Malpractice Cases
The statute of limitations for commencing legal action for medical malpractice cases in Illinois is two years from the day of the procedure. If the person did not know they sustained damages immediately, under the discovery rule, the time expires two years from the day they reasonably knew of their injuries.
However, in cases with discovery, the petitioner must commence legal action within four years of the treatment or procedure leading to illness or injuries. Under the 735 Illinois Code of Civil Procedure § 5/13-212, there is an exception to the filing deadline for parties who are under 18 at the time of their injury. In these instances, the injured person has up to eight years to commence legal action but must file the lawsuit by their 22nd birthday. Contacting a trusted Plainfield attorney as soon as possible after an incident of medical negligence can help ensure filing within all applicable deadlines.
Meet With a Plainfield Medical Malpractice Attorney
Sustaining injuries during a medical procedure or while under a doctor’s care does not necessarily mean there is cause for a medical malpractice civil lawsuit. However, when a doctor, nurse, dentist, or other practitioner is negligent, you have the right to hold them accountable.
A hard-working Plainfield medical malpractice lawyer from Costa Ivone, LLC could provide legal guidance and help navigate any hurdles that arise throughout the claims process. Call today to schedule an appointment to review your case.