You trust your healthcare provider. Whether it’s your primary care physician, a general practitioner, or a surgeon, you believe they’re doing everything possible to protect your health. 

Unfortunately, sometimes mistakes occur. Don’t forget healthcare professionals are human but sometimes the mistake is negligence. When negligence is a factor, you may have grounds for a medical malpractice claim. 

However, navigating an Illinois medical malpractice claim is rarely easy. The process can be complex. If your injuries result from medical malpractice, here’s what you should know before filing a claim.

What is Medical Malpractice

Illinois defines medical malpractice as a violation of established practices and procedures that result in an injury or fatality. In other words, if a healthcare professional like a physician, therapist, or nurse veers from established treatment practices and the patient suffers an injury or dies as a result of the procedure.

When it comes to defining treatment, the answer is pretty broad. Treatment can include misdiagnosis, delay in a necessary medical procedure, prescribing the wrong medication, or making a mistake during surgery.

However, before you start considering every mistake a healthcare professional makes malpractice, there’s something to consider. Sometimes, a mistake is benign, meaning negligence isn’t present. This can include a physician incorrectly diagnosing a rare medical condition. 

Your symptoms may mimic those of more common health problems leading to the misdiagnosis. Since your physician isn’t negligent, you probably don’t have grounds for a medical malpractice case. To sum up, medical malpractice only applies when the healthcare professional is incompetent, negligent, or both.

Common Types of Medical Malpractice

Medical malpractice is a catchall term for several types of medical negligence. Some of the common types of medical malpractice include the following.

Incorrect or Delayed Diagnosis

An incorrect diagnosis can lead to delayed or unnecessary treatment allowing their medical issue to worsen. When a diagnosis is delayed, the patient may miss the chance for early treatment or an intervention to prevent the condition from progressing further.

Prescription Errors

If a patient is prescribed the wrong medication or there’s an error in the dosage, complications can occur. A prescription error can also be failing to consider potential interactions with medications the patient is already taking.

Improper Treatment

A patient may be given the wrong treatment for their medical condition. This can also include treatments that aren’t recognized by the state medical board. Alternative medications and treatments can fall under in this category.

Failing to Get Informed Consent

When a healthcare professional is unable to fully explain the risks associated with a medical procedure, the patient can’t provide informed consent. The same applies if the healthcare professional can’t provide enough information about the procedure or why it may be necessary.

Performing Unnecessary Procedures

When a patient receives unnecessary treatment, it can result in medical complications. The unnecessary procedure is often the result of an error or misdiagnosis.

Illinois Statute of Limitations for Medical Malpractice Claim

You only have a specific amount of time to file for damages in a medical malpractice claim. Illinois allows two years from when you should have known about your injuries. Yes, this is a little confusing. Sometimes, patients know immediately following treatment that something’s not right. Other times, it can take a few days, weeks, or even months.

Since every medical malpractice case is unique, the state often considers the type of treatment when deciding when the two-year statute of limitations begins. There is an exception to the statute of limitations. Minors have up to eight years to file a claim but it must be done by the time they turn 22.

Common Steps in a Medical Malpractice Case

While every medical malpractice case is different, most follow a few basic steps. Since medical malpractice is considered a personal injury case, your claim automatically heads to civil court. Whether or not your case heads to trial depends on negotiations with the healthcare provider’s insurance provider. 

Most insurance companies prefer settling medical malpractice claims before the case heads to the judge or jury. However, before you can get to the negotiations stage there are a few steps to take.

Name the Defendant/s

Before you can start a medical malpractice claim, you need to name a defendant. Sometimes, your medical malpractice attorney may name more than one defendant. 

For example, the physician is responsible for your misdiagnosis but the hospital is also named in your lawsuit. The hospital neglected to perform due diligence when hiring a physician known for making mistakes.

Gathering Evidence

You need to provide evidence that supports your medical malpractice claim. You can’t simply claim a healthcare professional made a mistake, and this means proving negligence. 

Proving negligence is often a multi-step process. You need to show the medical professional did not provide care that meets the accepted standards. Your medical records, those before and after the incident occurred, are a good place to start.

You may also need to bring in testimony from other medical experts to help support your negligence claim. Statements from medical professionals currently providing you care can also be helpful.

Evaluate Your Claim

If you don’t know the value of your claim, it’s impossible to know if you’re being offered a fair settlement by the defendant’s insurance provider. You must also prove you experienced a financial setback before you can file a medical malpractice claim in Illinois civil court.

Once again, your medical records can be invaluable. Your records can help define the monetary value of the care you’ve received since the incident. If your injuries are causing you to miss work, your financial records are necessary to calculate lost income. You may also be able to claim non-economic damages like pain and suffering.

File a Claim and Start Negotiations

Now it’s time to file a claim in civil court and this is typically when negotiations start with the defendant’s insurance company. 

Don’t expect to leave with a settlement after the first round of negotiations, it usually takes time. Hopefully, you can reach an acceptable settlement. If not, your medical malpractice claim heads for trial.

Let an Attorney Help Unravel the Complexities of Your Medical Malpractice Claim

Going through a medical malpractice claim is stressful. Instead of trying to unravel the legal complexities of your case, let an attorney handle the details. 

This way, you can focus on your recovery while your attorney works to ensure you receive fair compensation.