If you believe that you’ve suffered from medical malpractice in the state of Illinois, it’s important to know the basics of medical malpractice laws and classifications; that way, when you go to file a claim for compensation with a medical malpractice lawyer in Chicago, Rockford, Belleville, or Joliet, you’ll have fewer questions and concerns.
Medical malpractice can involve numerous incidents within the medical space. In Illinois, an incident is considered medical malpractice when a doctor or healthcare professional goes against the standard of care when providing treatment to a patient. When this breach in care results in injury or death, a legal claim for compensation can be made.
The Standard of Care
The standard of care is the way a doctor or medical professional treats all patients in their care. It’s a set of policies and procedures put in place to ensure all patients are treated equally, respectfully, and in the best possible way to ensure their health and safety is put first. When one patient is treated in a way that goes against the standard of care, other patient’s care can be used as a comparison to prove malpractice occurred.
What Does Treatment Mean?
Treatment is commonly thought of as being a tangible action. Doctors treat sickness and diseases; however, treatment, when relating to malpractice, can include misdiagnosis of an ailment. It can also include prescribing the wrong medication, administering the wrong procedure, error during surgery, not warning patients about side effects, and failure to keep hospital quarters sterile.
The Statute of Limitations in Illinois
In the state of Illinois, patients have two years from the date that medical malpractice occurs to file a civil claim against the negligent party. This law is known as the statute of limitations, and if the filing deadline is missed, the court won’t hear the case and patients won’t receive compensation.
There are a variety of compensatory damages that can be claimed in medical malpractice lawsuits, including both economic and non-economic damages. Economic damages are financial losses that the patient has experienced, and these can include any additional medical expenses or property damage the patient has incurred as a result of the malpractice.
Non-economic damages will also play a significant role because these damages include ways in which the malpractice has affected the patient’s lifestyle. Malpractice can be traumatizing and patients can demand compensation for pain and suffering, loss of enjoyment of life, and emotional distress.
Knowing the basics of Illinois medical malpractice laws can be helpful when pursuing a lawsuit. These facts can give you a timeline for your claim, classify what type of malpractice you’ve experienced, and determine what damages you can recover.