Understanding Medication Errors: Illinois Personal Injury Lawyer’s Perspective

Visiting a clinic or pharmacy can feel routine—until a simple prescription mix-up turns your world upside down. In Illinois alone, thousands of outpatient medication errors occur annually, ranging from wrong dosages to dangerous drug interactions. Unlike hospital mistakes, these slip-ups often happen behind the scenes: at the moment a prescription is typed, filled, or administered.

Imagine you’re someone from Peoria, you left your local pharmacy with two bottles of pills: one for blood pressure and one you’d never taken. A labeling error meant she took both together—and ended up in the emergency room. Stories like this happen often and highlight how outpatient medication errors can cause severe harm (and expensive medical bills).

Common Types of Outpatient Medication Errors

Prescription Mistakes
- Illegible handwriting on hard-copy scripts.
- Incorrect NDC (National Drug Code) selection in an electronic system.
Dispensing Errors
- Pharmacy staff swapping pill bottles.
- Wrong strength or formulation (e.g., extended-release vs. immediate).
Administration Errors
- Miscommunication between clinic nurse and patient.
- Failure to counsel on side-effects or proper timing.

Each step offers a chance for human or system failure—and each count as grounds for malpractice if it causes you harm.

Spotting the Warning Signs

Be your own best advocate. Watch out for:

Unfamiliar Pill Appearance: If the tablets look different than usual, double-check before taking them.
New Side-Effects: Blurred vision, sudden dizziness, or unexpected rashes could signal a dangerous reaction.
Conflicting Instructions: If you hear “take with food” from one staffer and “on empty stomach” from another, ask for clarification in writing.

Document every detail: date, time, staff member’s name. This record can make all the difference if you later pursue a claim.

Your Legal Rights & When to Call a Lawyer

Under Illinois law, healthcare providers owe you a “standard of care.” When they breach that duty—by writing, dispensing, or administering medication improperly—you have grounds to seek compensation for:

Additional medical bills
Lost wages due to recovery time
Pain and suffering

If you suspect an error:

Seek Immediate Medical Attention. Your health comes first.
Preserve Documentation. Keep all pharmacy labels, prescription receipts, and medical reports.
Contact Duncan Law Group. Our medical malpractice team can review your case—no fee unless we win.

Local Tip: In Peoria and Champaign, pharmacies often serve wide rural areas; errors can take days to surface. Don’t wait, reach out as soon as you notice something’s wrong.

How Duncan Law Group Helps

Expert Investigation: We collaborate with independent pharmacists and toxicologists to confirm the error.
Strategic Negotiation: Our trial-tested attorneys demand fair settlements, but we never hesitate to litigate when needed.
Compassionate Support: You’ll get personal guidance from our Illinois office, so you never feel like “just another case.”

By understanding how outpatient medication errors happen—and knowing when to take action—you protect both your health and your rights. If you or a loved one has been harmed by a prescription mistake, contact Duncan Law Group today for a free, confidential review.

The Illinois Medical Malpractice Checklist: Do You Have a Case?

Have you or a loved one suffered due to a medical professional’s negligence in Illinois? Navigating the complexities of medical malpractice laws can be overwhelming, but understanding your rights is crucial. This guide will walk you through recognizing a valid claim and the process of filing a lawsuit in Chicago. With the help of a skilled lawyer at Duncan Law Group, you can address the pain and abuse endured and seek the justice you deserve. We’ll also provide insights on selecting the right attorney to represent your case, ensuring you’re equipped to make informed decisions.

Understanding Medical Malpractice Laws in Illinois

Understanding medical malpractice laws in Illinois is crucial for anyone seeking justice after a healthcare mishap. This section delves into the definition of medical malpractice, highlighting the breach of duty as a core element. It also examines the Illinois statute of limitations and the statute of repose, both of which dictate the timeframe for filing claims. Additionally, the concept of comparative negligence, which can influence the outcome of a trial, is explained. For those navigating these complex waters, understanding these legal nuances is vital, especially when considering a contingent fee arrangement with a Chicago medical malpractice attorney.

What Constitutes Medical Malpractice in Illinois?

In Illinois, medical malpractice occurs when a healthcare provider, such as a nursing home or hospital, deviates from the established standard of care, leading to patient harm. This breach, whether due to negligence or omission, can result in an injury claim under personal injury law. An advocate specializing in these cases will assess the details to determine if the standard of care was indeed compromised and if it directly caused the patient’s injuries.

For those affected by medical negligence, a Chicago medical malpractice attorney can be a powerful ally. They bring a deep understanding of how to navigate the complexities of personal injury law to ensure that victims receive the compensation they deserve. By thoroughly investigating claims and advocating for their clients, these attorneys strive to hold responsible parties accountable for their actions, providing a path to justice for those wronged.

Illinois Statute of Limitations for Medical Malpractice Claims

Time is of the essence when it comes to filing a medical malpractice claim in Illinois. The law stipulates a statute of limitations, which generally allows victims two years from the date they become aware of the malpractice to initiate legal action. This period is crucial, especially for those suffering from severe outcomes like spinal cord injury or enduring psychological trauma, as it can affect their ability to seek restitution for their suffering and the impact on their health.

In the chaotic aftermath of a medical error, whether it occurred in an emergency department or during routine medication administration, it’s imperative to consult with a Chicago medical malpractice attorney promptly. These legal professionals understand the urgency and can help navigate the complex legal system, ensuring that claims are filed within the Illinois statute of limitations to secure the justice and compensation that victims rightfully deserve.

Comparative Negligence Laws and How They Affect Your Case

In Illinois, the doctrine of comparative negligence can significantly influence the outcome of a medical malpractice suit. If a patient’s actions contributed to their harm, such as ignoring post-operative instructions after a slip and fall, this can affect the verdict. A Chicago medical malpractice attorney must skillfully demonstrate that the healthcare provider’s negligence was the primary cause of the injury, such as a misdiagnosis of lung cancer, to ensure a fair judgment.

Comparative negligence acknowledges that multiple parties can share fault in a tort case. For instance, if a patient’s smoking habit exacerbated their lung cancer, which was negligently diagnosed late by a physician, the court may reduce the compensation based on the patient’s contributory negligence. A seasoned Chicago medical malpractice attorney will navigate these complexities, aiming to minimize the impact of comparative negligence on the client’s claim and maximize the potential recovery.

Common Types of Medical Negligence Cases

Medical negligence cases in Illinois often involve scenarios where the quality of life for patients has been significantly compromised due to healthcare provider errors. Malpractice lawyers frequently encounter situations such as surgical mistakes, misdiagnoses, or inadequate treatment during the postpartum period, all of which can lead to severe consequences for the patient. These legal experts are adept at identifying when the standard of care has not been met and are committed to pursuing justice, including punitive damages, for those affected.

When a medical malpractice claim is substantiated, it may sometimes lead to an appeal, further extending the legal process. In these instances, Chicago malpractice lawyers play a critical role in navigating the complexities of the appellate system to uphold their clients’ rights. Their expertise ensures that the nuances of each case are presented effectively, aiming to secure a resolution that acknowledges the hardships endured by patients and strives to restore their quality of life to the fullest extent possible.

Signs You May Have Experienced Medical Malpractice

Recognizing the signs of medical malpractice can be the difference between suffering in silence and obtaining rightful compensation. If you’ve received treatment at Northwestern Memorial Hospital or any Chicago healthcare facility and suspect a misdiagnosis or a delay in diagnosis that has exacerbated your condition, this could be indicative of malpractice. Experienced malpractice attorneys in Chicago are skilled in reviewing personal injury cases, discerning the subtleties that may suggest negligence, and providing the necessary legal guidance to address your concerns.
Another telltale sign that you may have a valid claim is if your treatment led to unexpected complications or if you received a different level of care than others with similar conditions. Chicago medical malpractice attorneys understand the standards of care required in personal injury cases and can help determine if your experience falls short of these benchmarks. Their expertise is crucial in navigating the complexities of medical malpractice claims, ensuring that victims receive the attention and restitution they deserve.

The Process of Filing a Medical Malpractice Lawsuit in Chicago

Embarking on a medical malpractice claim in Chicago requires a structured approach, beginning with the initial steps to file your claim. Critical to this process is the collection of required documentation and evidence, which may range from anesthesia records to clinic visit summaries. Additionally, Illinois law mandates an Affidavit of Merit, a document that must accompany your claim. As your case progresses, you’ll face a decision between settlement negotiations and the possibility of trial proceedings. Each of these stages demands careful attention to detail and an understanding of legal strategies, whether your case involves a class action suit or an individual claim stemming from a dog bite or other medical errors.

Steps to Initiate Your Claim

Initiating a medical malpractice claim in Chicago begins with gathering evidence, which may include medical records, blood test results, and therapy session notes. A Chicago medical malpractice attorney will guide you through collecting these crucial documents, ensuring they align with the claim of neglect. This initial step is fundamental, as it lays the groundwork for your case, whether it involves a truck driver’s medical error or a hospital’s oversight.

Once the evidence is compiled, the next phase involves entering into negotiation with the responsible parties. Your attorney will leverage their expertise to advocate on your behalf, aiming to secure a settlement that adequately compensates for the damages incurred. If negotiation proves unfruitful, your lawyer is prepared to take the case to court, where they will present a compelling argument rooted in the evidence of neglect and the impact on your health and well-being.

Required Documentation and Evidence Gathering

Assembling the necessary documentation is a pivotal step in pursuing a medical malpractice lawsuit in Chicago. A patient alleging harm, such as complications from untreated meningitis, must provide comprehensive evidence to substantiate claims of damages and pain and suffering. This typically includes medical records, diagnostic tests, and treatment histories, which collectively paint a detailed picture of the patient’s experience and the alleged negligence.

Moreover, the inclusion of witness statements can significantly bolster a patient’s case, offering corroborative accounts of the events leading to the injury. A Chicago medical malpractice attorney will meticulously gather testimonies from medical experts and eyewitnesses to reinforce the patient’s narrative, ensuring that the full extent of the damages, both physical and emotional, is compellingly presented to the court.

How a Chicago Medical Malpractice Attorney Can Assist You

A Chicago medical malpractice attorney is instrumental in evaluating the strength of your case, especially when injuries as severe as spinal cord damage are involved. They possess the expertise to navigate Illinois’ complex medical laws, ensuring your claim receives the attention it deserves. These legal professionals are adept at advocating for maximum compensation, whether your case involves accidents, premises liability, or other forms of negligence. Moreover, they are skilled in handling insurance companies and adhering to legal deadlines, all while working on a fee structure that aligns with your needs.

Questions to Ask During Your Consultation

When consulting with a potential attorney, it’s essential to inquire about their experience with accident injury cases and how they’ve assisted clients in recovering from their suffering. One should ask for specific examples where the attorney has provided effective legal advice that led to a successful resolution. This can offer insight into their ability to handle your unique situation, especially if it involves complex scenarios like construction accidents.

Another key question to pose during your consultation is how the attorney plans to communicate and involve you in the decision-making process. Understanding their approach to client engagement can be indicative of how they will address your needs and pain points throughout the legal journey. It’s crucial to feel confident that the attorney will guide you with clarity and support, particularly when navigating the aftermath of a traumatic accident injury.

The Benefits of Hiring a Top Injury Law Firm in Chicago

Engaging a top injury law firm in Chicago can be a decisive factor in securing justice and financial compensation for victims of medical malpractice. These firms bring a wealth of experience in handling complex cases, such as those involving amputation or errors at a health facility, ensuring that clients receive the representation they need to navigate the legal system effectively. Their deep understanding of Illinois laws and a proven track record in dealing with truck accidents and other severe cases position them as formidable advocates for their clients.

When the stakes are high, the support of a premier Chicago injury law firm can make all the difference in the pursuit of justice. These legal teams are not only skilled in arguing for substantial financial compensation but also in providing the compassionate representation needed during such trying times. Their commitment to client success is evident in their meticulous preparation of each case, from gathering evidence to presenting compelling arguments in court, all aimed at achieving the best possible outcome for those affected by medical negligence.

Conclusion

A Chicago medical malpractice attorney is essential for navigating the complexities of Illinois laws, ensuring that victims of healthcare negligence can effectively pursue their claims. These legal experts are crucial in evaluating case strength, advocating for maximum compensation, and managing the intricacies of settlement negotiations and trial proceedings. With no cap on damages in Illinois, they offer victims the best chance at full restitution for their suffering and losses. Partnering with a skilled attorney provides the guidance and support necessary to navigate the legal system and secure justice for those wronged by medical malpractice.

Chicago Failure to Diagnose Lawyers: Ensuring Medical Accountability

It’s no secret that when you or a loved one seek medical care, you entrust your well-being to the expertise of healthcare professionals. Much like when you seek personal injury representation in Chicago, you’re looking for that same expertise and care. However, due to the never-ending complexity of the medical field, errors can – and do – occur, leading to grave consequences such as death or serious injury or progression of illness. At Duncan Law Group in Chicago, we understand the profound impact of misdiagnosis and other forms of medical malpractice, and the importance of holding any negligent parties accountable. With our experienced team by your side, you can pursue justice for the harm caused by failure to diagnose.

Trusting in Expertise: The Foundation of Medical Care

The foundation of modern healthcare rests upon the symbiotic relationship between patients and medical professionals. Patients entrust their well-being to the specialized knowledge and skills of healthcare providers, relying on them for accurate diagnoses, effective treatments, and compassionate care. This bond is not merely transactional but is deeply rooted in trust, with patients placing their faith in the competence, diligence, and ethical integrity of their healthcare providers.

At the heart of this relationship lies the pivotal role of medical professionals. Physicians, nurses, therapists, and other healthcare practitioners dedicate years to rigorous education, training, and ongoing professional development to acquire the expertise necessary to navigate the complexities of human health and illness. Their proficiency extends beyond the mere application of medical knowledge; it encompasses critical thinking, problem-solving, and the ability to adapt swiftly to evolving circumstances.

The Consequences of Negligence: Understanding Misdiagnosis

The consequences of medical negligence, particularly in the form of misdiagnosis, can be profound and far-reaching. Despite the best intentions of healthcare providers, the demanding nature of the profession, coupled with factors such as heavy workloads and time constraints, can increase the likelihood of errors occurring.

Misdiagnosis, defined as the failure to accurately identify a patient’s condition, is unfortunately not uncommon within the medical field. It can arise due to a variety of factors, including inadequate patient assessment, incomplete medical histories, reliance on flawed diagnostic tests, or the misinterpretation of symptoms. In some cases, misdiagnosis occurs because certain conditions present with symptoms that mimic other illnesses, leading to diagnostic confusion.

The repercussions of misdiagnosis can be dire. Patients may receive delayed or inappropriate treatment, allowing their conditions to worsen over time. For example, a patient misdiagnosed with a less severe condition may not receive the necessary interventions for a more serious illness, resulting in the progression of the disease and potentially irreversible damage to their health. In other instances, patients may undergo unnecessary treatments or surgeries based on an incorrect diagnosis, subjecting them to physical and emotional distress without any therapeutic benefit.

Moreover, misdiagnosis can have profound psychological implications for patients. The uncertainty and confusion stemming from an inaccurate diagnosis can cause anxiety, fear, and mistrust in the healthcare system. Patients may experience frustration and disillusionment as they navigate the complexities of their medical condition, unsure of whom to trust or how to proceed with their care.

Seeking Justice: Your Path to Recovery

If you or someone you care about has endured the consequences of a failure to diagnose, it’s crucial to understand that you have rights and avenues for seeking justice and compensation for the harm you’ve experienced. A failure to diagnose can lead to significant physical, emotional, and financial burdens, and holding responsible parties accountable is essential for your path to recovery.

In situations where medical negligence has occurred, enlisting the support of a knowledgeable and dedicated attorney can be instrumental in pursuing justice. A failure to diagnose lawyer specializing in medical malpractice cases can offer invaluable assistance in navigating the complexities of the legal system and advocating for your rights.

In conclusion, at Duncan Law Group, we stand as advocates for those who have endured the devastating consequences of medical negligence. Through compassionate representation and unwavering dedication, we strive to empower our clients to seek justice and hold negligent parties accountable. If you have been harmed by a failure to diagnose, don’t hesitate to reach out for support and guidance. Your path to recovery begins with us.

How To Report Medical Malpractice

If you or a loved one have suffered a personal injury as a patient, you may want to consider reporting this act of medical malpractice. When it comes to health care, it’s important to hold medical professionals accountable for any negligent actions that lead to harm or injury. A medical malpractice lawyer in Chicago can help you navigate the reporting process as well as the legal complexities surrounding these malpractice claims.

From gathering evidence to communicating with insurance companies and healthcare providers, you’re in good hands with Duncan Law Group. Our firm has over 100 years of experience representing clients in class action and personal injury litigation. More importantly, we always put our clients’ needs first. Keep reading to learn more about how to address medical malpractice effectively.

What is medical malpractice?

Medical malpractice refers to any situation where a healthcare professional or provider fails to provide a proper standard of care, resulting in harm or injury to a patient. This can include instances of misdiagnosis, surgical errors, or failure to diagnose.

Thankfully, an experienced attorney with experience in medical malpractice claims can help you build a compelling case. It’s important to have professional insight to understand whether you can obtain maximum compensation for both economic and non-economic damages. Check out some of the most common types of medical malpractice below.

Common Types of Medical Malpractice

A medical malpractice attorney can assist you with the following types of malpractice claims:

Misdiagnosis
Nursing home abuse or neglect
Birth injuries
Cerebral Palsy
Medication errors
Brain damage
Misread X-rays or tests
Surgical errors
Anesthesia errors
Wrongful death

It’s important that you find an attorney with years of experience with these types of cases. Every personal injury is different. The attorney must prove that a healthcare provider-patient relationship actually existed and that the provider deviated from medical standards of care. They must also prove that the provider’s negligence worsened your condition and that you suffered physical damages.

How do you report medical malpractice in Chicago?

In order to report medical malpractice in Illinois, you must seek out the advice and representation of a skilled medical malpractice lawyer in Chicago. The attorney can provide you with the expertise that you need to navigate the complex legal system as well as ensure your rights as a patient are protected.

You’ll have to file a medical malpractice claim and gather all relevant medical records, test results, and other evidence to support your case. Your attorney’s experience and track record of success are instrumental in achieving a favorable outcome through negotiation, settlement, or litigation.

How long do you have to report medical malpractice in Illinois?

For medical malpractice cases, the Illinois statute of limitations states that the injured person can file a claim two years from the date of the injury that they knew or should have reasonably known about being a victim of malpractice. But if they discover the injury later on, they’ll have no longer than four years from the date of the malpractice to file a lawsuit.

If an injured person is under the age of 18 when they experienced the malpractice the state extends the statute of limitations. They must file within eight years or before their 22nd birthday, whichever date comes first. The patient cannot file a claim past the date they turn 22.

Speaking to an experienced attorney in the Chicago area can help you begin your first steps and ensure you meet the deadline.

What is the average settlement for medical malpractice in Illinois?

Every malpractice case is unique. The average payout differs depending on the type of medical malpractice, the severity of the injury, the liable party’s insurance coverage, alongside many other factors that may be considered in the case. If you’re interested in pursuing maximum compensation, it’s crucial that you choose a medical malpractice lawyer in Chicago who can help you support your claims.

Medical malpractice encompasses a wide range of errors and negligence, and these cases often require comprehensive investigation. Look for a personal injury attorney who is reputable and has a track record of experience that’s relevant to your particular circumstances. Choosing a skilled lawyer can increase your chances of securing a fair and just settlement, as the strength of the evidence presented is also a significant factor in the settlement amount.

How can a medical malpractice lawyer in Chicago help?

Medical malpractice lawyers can evaluate your case, investigate the facts, review medical records, and consult healthcare experts to determine whether your case has merit. They should have a history of success and be able to provide you with an honest assessment of the strengths and weaknesses of your case. More importantly, they will file a claim against the healthcare provider or the institution that’s responsible for your injury.

In addition to providing legal expertise, a medical malpractice attorney also understands that personal injuries can take a toll on your life as well as your family’s life. This toll can be physical, emotional, mental, and financial. So, it’s necessary that you choose compassionate advocates whose goals are to ensure you receive the justice and the compensation you deserve. Thankfully, you won’t have to look any further than Duncan Law Group.

Contact Duncan Law Group Today

Here at Duncan Law Group, our medical malpractice lawyer in Chicago will have the extensive knowledge to support your case. If you’re a victim of medical malpractice, our firm is confident that we can increase your chances of a successful outcome. We have the skills, resources, and experience to build a compelling case for your suit, and we can help you hold negligent medical professionals, hospitals, and insurance companies accountable for their wrongdoing.

Our law firm will examine the cause of your injuries, and we’re willing to fight for the level of compensation that you deserve to improve your quality of life. We understand the true impact of a personal injury, and we are ready to work relentlessly to help you through this difficult time. Reach out to an attorney from Duncan Law Group today for a free consultation.

Who Is Entitled to Wrongful Death Benefits?

Losing a loved one unexpectedly is a devastating experience that can leave you feeling mournful and in emotional distress. While nothing can bring back your loved one, a wrongful death attorney in Chicago can help you get compensation for your financial and emotional loss. It’s important that you find an attorney to help you hold the negligent party accountable so you can begin to heal from your grief.

What is the wrongful death law in Chicago?

Wrongful death law refers to the legal framework that’s designed to provide compensation to the family members of a loved one who may have experienced a fatal accident due to the negligence or misconduct of another party. Wrongful death can include car accidents, truck accidents, medical malpractice, premises liability, nursing home abuse, and more.

The Illinois Wrongful Death Act allows family members to recover damages such as medical expenses, funeral costs, loss of benefits, loss of future earnings, loss of companionship, pain and suffering, and punitive damages. Finding a wrongful death lawyer in the state of Illinois can assist you with this legal process.

Can a beneficiary sue for wrongful death in Illinois?

Who Is Entitled to Wrongful Death Benefits?

If you’re wondering whether you can file a wrongful death claim, these can be initiated by immediate family members, a surviving spouse, a parent of a deceased minor child, and the decedent’s estate representative. Filing a claim with a wrongful death attorney in Chicago alleges that the death occurred as the result of negligence or due to a wrongful act.

Navigating the process of wrongful death can be complicated. However, an experienced attorney can provide legal advice and support during this difficult time. You’ll want to choose a law firm like Duncan Law Group with years of experience handling wrongful death lawsuits.

Wrongful Death Benefits

Now that you know who can file a wrongful death claim, you may want to learn about the types of damages you can recover when you decide to take legal action:

Medical expenses
Funeral or burial costs
Loss of benefits or services
Loss of future earnings by the decedent
Loss of companionship and society
Pain and suffering
Punitive damages

Keep in mind that if you do plan to pursue the litigation process, you should act quickly to ensure your claim is handled efficiently and effectively.

What is the statute of limitations for a wrongful death lawsuit?

The state of Illinois is subject to a statute of limitations. Family members have to file a claim within two years. It’s best to set up an initial consultation with a Chicago wrongful death lawyer in order to ensure you take the necessary steps to investigate the accident and gather evidence. Make sure they possess in-depth knowledge of the relevant laws regarding the statute of limitations and have experience representing families in cases similar to yours.

Proving Fault for Wrongful Death

In order to recover damages on behalf of the surviving family, a wrongful death lawyer must prove fault. Here are the steps to prove fault for this type of claim:

Establishing duty of care: This step involves establishing that the defendant owed your loved one a specific responsibility a the time of the accident. The exact duty of care will depend on the details. For example, if the victim of the wrongful death accident was seeking out medical care from a health professional, then the healthcare provider should have upheld a certain standard of health care.
Showing evidence of the deviation from the duty of care: Once the duty of care is identified, the claim will need to prove that the at-fault party deviated from the duty of care. Following the same example, perhaps the healthcare provider failed to diagnose a patient and therefore did not provide proper treatment.
Proving direct causation: Proving direct causation has to do with showing that the victim died as a direct result of the breach of duty of care. This can typically be proven using medical records, test results, autopsy reports, as well as witness testimonies.
Listing the damages suffered: The surviving family must also list economic and non-economic damages that cover emotional and financial losses. Economic damages can include income loss, medical expenses, and funeral costs. Non-economic damages include loss of companionship and emotional pain and suffering.

The right legal team can help you deal with such an unexpected loss. Seek justice for your loved one with the help of a wrongful death attorney in Chicago.

What is the average wrongful death settlement in Illinois?

You may be wondering about the average wrongful death settlement in the state of Illinois. However, it’s necessary to understand that each wrongful death claim is unique. The settlement amount can vary widely depending on the specific circumstances of the case. This can include the age and earning potential of the decedent, the liability of the party at fault, as well as many other factors.

That’s why it’s important to choose a lawyer with the expertise and knowledge to navigate this complex legal process. The right attorney will help you maximize your chances of obtaining a just amount in terms of monetary compensation.

Contact a Wrongful Death Lawyer at Duncan Law Today

At Duncan Law Group, you can rest assured you’re in the right hands. If you’re searching for a wrongful death attorney in Chicago, our firm is ready to fight for your rights and hold the liable parties responsible for their negligence. We’ll help you earn fair compensation on behalf of your loved one.

Our attorneys will do everything from gathering evidence and negotiating to securing a settlement that improves your quality of life. Allow our expertise to put you at ease and start taking your first steps toward compensation. Don’t wait. Schedule a free consultation with Duncan Law Group today.

What Constitutes as Medical Malpractice in Illinois?

We trust medical professionals to deliver a certain quality of treatment while we are under their care. Unfortunately, some healthcare providers commit dangerous and negligent errors while on the job, causing serious harm to patients.

If you are injured due to a medical provider’s negligence, you may be eligible for a medical malpractice claim. However, it is important to understand Illinois medical malpractice laws before you decide to pursue a lawsuit.

What is Medical Malpractice?

Medical providers across the United States are expected to uphold a certain standard of care while treating patients. In simple terms, these providers’ actions must not deviate from what a similarly trained and reasonable healthcare professional would do under the same circumstances.

If a patient suffers harm as a result of negligent medical care in Illinois, the at-fault provider (and in some cases, the hospital or medical facility) would be liable for medical malpractice.

Common examples of medical negligence include the following:

Misreading or ignoring results from laboratory tests
Discharging a patient prematurely
Failure to provide proper aftercare or follow-up instructions
Prescription errors, such as prescribing the wrong medication or an unsafe dosage
Failure to diagnose a condition or misdiagnosing a condition as another injury or illness
Surgical errors, like performing the wrong surgery or leaving a foreign object inside of a patient

Requirements for Filing a Medical Malpractice Lawsuit in Illinois

If you plan on filing a medical malpractice lawsuit in Illinois, you will need to meet certain court rules and requirements.

First, you must file your lawsuit within two years of when you discovered or should have discovered the at-fault provider’s negligence. You may not file your lawsuit within four years of the date of the malpractice.

Second, you must file an affidavit alongside your lawsuit that states that an affiant—usually your medical malpractice attorney—has reviewed your claim alongside a qualified medical professional. According to 735 ILCS 5/2-622, this medical professional must meet the following requirements:

The provider is knowledgeable about the medical issues relevant to your case.
The provider practices, teaches, or has recently practiced or taught in the same area of medicine related to your case.
The provider is properly qualified in terms of his or her experience and competence.

Finally, when you file your lawsuit, you will need to prove that the at-fault provider’s actions deviated from the accepted medical standard of care and caused your injuries. You will also need to calculate the extent of your damages and supply evidence showing that you qualify for the compensation that you are claiming.

Speak to an Attorney

Navigating a medical malpractice lawsuit can be challenging, especially after a recent injury or worsening illness. In these situations, you need someone who can advocate for your best interests and guide you through the litigation process. For these reasons, it is important to consult with a Chicago medical malpractice lawyer.

Your attorney can help you assess your case eligibility, identify your statute of limitations, and enlist the support of a qualified medical professional who can testify on your behalf. A lawyer can also gather the evidence necessary to prove the at-fault party’s liability and your right to compensation.

As soon as possible following the malpractice, speak to a medical malpractice lawyer about your next steps.

Can You Recover for Medical Malpractice Years After Treatment?

Under Illinois law, victims of medical negligence must file a lawsuit within a certain time after the malpractice occurred. However, medical malpractice can be hidden for many years before a patient discovers his or her injury.

If you find yourself in this situation, you may wonder whether you can sue for medical malpractice years after the treatment. While the deadline can be extended in some circumstances, Illinois does set strict limits on when you can file this type of claim.

The Medical Malpractice Statute of Limitations in Illinois

Under Illinois law, civil lawsuits are subject to rules known as the statute of limitations. You must file your claim within the specified deadline imposed by statute of limitations, or the court will likely dismiss your claim.

For medical malpractice lawsuits, you must file your claim within two years on the date which you knew about or reasonably should have known about your injury. According to 735 ILCS section 5/13-212(a), you cannot file your lawsuit more than four years after the date of the initial malpractice.

Exceptions to the Medical Malpractice Statute of Limitations

There are two common exceptions to the medical malpractice statute of limitations. One depends on the date that you discovered your injury, and the other depends on the age that you were at the time of the injury.

In some cases, you may not know about the malpractice for years following the initial event. In these situations, you can file your lawsuit within two years of the date that you discovered the injury. However, the statute of repose prevents medical malpractice victims from filing a lawsuit more than four years after the date of the malpractice.

If you are under the age of 18 at the time of the incident, you can sue for medical malpractice within eight years from the date of the malpractice. However, you cannot file your claim after your 22nd birthday.

What to Do After Experiencing Medical Malpractice

While you could extend your filing deadline by a couple of years, you cannot file your claim more than four years after the date of the malpractice. For these reasons, it is crucial to speak with an experienced Chicago medical malpractice attorney as soon as possible to determine your case eligibility and take the first steps toward filing your claim.

After the incident, take the following steps to begin documenting evidence for your future case:

Stop receiving medical care from the at-fault provider. Visit another doctor and receive a second opinion about your injuries or medical condition.
Request all medical records related to the malpractice. Make sure to request records from the at-fault provider as well as your new physician.
Begin a journal. Each day, record how the malpractice has affected your physical, financial, and emotional well-being.
Continue to save all pieces of evidence related to your damages, such as medical bills, correspondence with your employer, and pay stubs.

Once you seek the help that you need and gather this initial evidence, speak to a personal injury lawyer as soon as possible. Do not speak to the at-fault provider, his or her insurer, or a defense attorney until you consult with a lawyer. Your attorney can help you identify your appropriate filing deadline and take your first steps toward recovery.

Are Damages Limited or Capped in Medical Malpractice Cases?

If you are the victim of medical malpractice, you may be eligible for financial compensation. By filing an Illinois medical malpractice lawsuit, you can hold the at-fault healthcare provider liable for the physical, emotional, and financial losses that you suffered, also known as damages.

You may wonder whether Illinois law sets caps, or limits, on the amount of compensation that you can recover in a medical malpractice case. It is important to understand these potential limits before filing this type of claim.

Types of Damages Available in Medical Malpractice Claims

In Illinois, damages in medical malpractice lawsuits fall into one of two categories: economic and non-economic. Economic damages refer to the financial losses that you experienced due to the malpractice. Examples of economic losses include the following:

Past and future medical care
Lost wages and loss of future earnings
Any property damage that you experienced
Specialized treatments, like physical therapy
Disability accommodations, such as mobility equipment

On the other hand, non-economic damages involve the physical and emotional pain and suffering that you endured. Medical malpractice can result in devastating, life-altering injuries, so this portion of your award will be significant. Common types of pain and suffering damages include the following:

Chronic pain
Permanent disability
Disfigurement
Emotional distress
Fear
Depression
Anxiety
Post-traumatic stress disorder
Loss of quality of life

Does Illinois Cap Damages in Medical Malpractice Claims?

There are no damage caps for medical malpractice claims in Illinois. In an Illinois medical malpractice claim, you have the right to recover compensation for the full value of both your economic and non-economic losses.

The state has imposed a cap on the amount of non-economic damages in the past. Up until 2010, victims could only claim up to $500,000 in pain and suffering losses against a negligent doctor or healthcare professional. If the claim involved a hospital or medical facility, plaintiffs could recover up to $1 million in non-economic damages.

However, the Illinois Supreme Court found this rule to be unconstitutional in the 2010 case LeBron v. Gottlieb Memorial Hospital. Any lawsuit filed after 2010 can recover compensation is not subject to these damage caps.

How to Calculate Your Medical Malpractice Settlement

When pursuing a medical malpractice lawsuit, it is first important to calculate the full extent of your damages. By entering negotiations or trial with a clear number in mind, you can avoid accepting an insufficient settlement offer.

Calculating economic damages is relatively simple. You can use evidence like medical bills, receipts, pay stubs, and invoices to determine your past expenses. A medical malpractice attorney can enlist the help of expert witnesses, like care planners and medical professionals, who can help determine long-term and future costs.

Non-economic damages are intangible, so you cannot use invoices to calculate them. To estimate the value of your pain and suffering award, an attorney will apply one of two common formulas:

The Per-Diem Method: You are assigned a dollar value for every day you are unable to work due to your injury. Your pain and suffering award will equal that dollar value times the number of days you were incapacitated.
The Multiplier Method: You are assigned a number, or multiplier, based on the severity of your injuries. Your pain and suffering award will equal that multiplier times the value of your economic losses.

If you plan on filing a medical malpractice lawsuit, you need an attorney on your side. Contact a personal injury lawyer as soon as possible to discuss your next steps.

Medical Malpractice Insurance Coverage Basics

Like many other civil lawsuits, insurance coverage plays an important role in medical malpractice claims. After a healthcare provider negligently harms a patient and that patient begins to pursue compensation for his or her injuries, the provider’s medical malpractice insurance will likely become involved in the case.

If you are pursuing a medical malpractice claim, it is important to understand this coverage and how it affects your right to recover compensation. Here are the basics of medical malpractice insurance policies.

What Does Medical Malpractice Insurance Cover?

When a doctor injures a patient, he or she is financially liable for any damages that the patient experienced, such as additional medical care, lost wages, and pain and suffering. These damages can total hundreds of thousands of dollars and higher, which can be difficult to pay for out of pocket.

Medical malpractice insurance pays for the patient’s damages on behalf of the healthcare provider, up to a certain amount. In Illinois, the average policy limit for medical malpractice insurance is up to $1 million per claim with an annual aggregate cap of $3 million. Policyholders can choose to purchase higher amounts of coverage if they choose.

There are two types of medical malpractice insurance policies: claims-made and occurrence-made.

Claims-Made Policies: This coverage will protect the policyholder as long as he or she held the insurance when the alleged negligence occurred and when the patient files the medical malpractice claim.
Occurrence-Made Policies: This type of policy will protect the policyholder for acts of negligence that occur when he or she held the policy. When the patient files the claim is irrelevant.

Does Illinois Require Medical Malpractice Insurance?

Illinois law does not require healthcare providers to carry medical malpractice coverage. However, some hospitals may require medical professionals to hold this insurance in order to work at the facility.

If a healthcare provider does not have medical malpractice insurance and injured a patient, he or she would be solely liable for the damages that the patient experienced. As a result, many professionals choose to purchase this coverage to protect their interests.

Pursuing Compensation through an Insurance Claim versus a Lawsuit

Many victims of medical negligence wonder if they should pursue compensation through a lawsuit or insurance claim. If you find yourself in this situation, it is important to consider the pros and cons of both legal pathways.

Insurance claims are typically faster than a lawsuit, which can take a year or longer to reach settlement. However, you can only claim compensation up to the provider’s policy limits. If your damages exceed these limits, you may experience financial hardship later on.

While medical malpractice lawsuits are lengthy processes, you can recover compensation for the full extent of your damages. In some cases, it may be best for you to pursue a lawsuit from the beginning. In others, you may want to file an insurance claim first before escalating your case to a lawsuit if necessary.

Different paths to compensation are appropriate for different cases. If you plan on pursuing legal action against a medical provider, it is important to speak to an attorney as soon as possible about your legal options. Contact a Chicago medical malpractice lawyer to discuss your case and identify your optimal path to maximum compensation.

Can You Still File a Lawsuit After Accepting a Settlement?

If you suffer injuries due to another person’s negligence in Illinois, you have the right to recover compensation from the at-fault party. Depending on the circumstances surrounding your accident, you may be eligible to file a personal injury lawsuit or insurance claim against the negligent individual.

When filing an insurance claim, it is very important to navigate this process strategically and make informed decisions during each stage of your case. Accepting a settlement offer too early can prevent you from recovering the compensation you need to heal.

What Happens During the Settlement Process?

When you file a car insurance claim against an at-fault driver, the company will assign an adjuster to investigate your claim. The adjuster’s job is to determine how the crash occurred, whether you or the policyholder were at fault, and whether you are eligible for compensation. If the insurance company finds that the policyholder caused the accident, the adjuster will calculate a settlement and present an offer to you.

If you agree to accept the settlement offer, the adjuster will provide you with a release of liability that explains the terms and conditions of the settlement. Once you sign this release, your claim is over, and you cannot reopen the case or pursue a lawsuit against the at-fault driver.

Since insurance companies are responsible for paying for your damages, it is important to examine any settlement offers with a critical eye. The offer may be much lower than what you actually need to recover. A car accident lawyer in Chicago can help you evaluate your claim and calculate an estimated amount so that you can avoid an insufficient settlement, but if you sign the release, you cannot pursue further legal action in Illinois.

You may also reach a settlement after you file a lawsuit but before your case reaches trial. Like insurance settlements, you will forfeit your right to file a lawsuit once you sign the settlement release during pretrial negotiations.

When Can You Set Aside a Settlement?

There are situations where you may file a lawsuit after receiving a settlement offer. However, these exceptions typically arise if you and your attorney disagree on the terms of the release waiver.

If you received a settlement offer before you filed a lawsuit, you can choose to renegotiate the settlement before signing the release. If the insurance company refuses to renegotiate, you can proceed with a lawsuit.
If you reach a settlement after you file a lawsuit and before you reach trial, your attorney will negotiate with the defense lawyer to reach a beneficial release. If you reach an agreement, you can submit the release to the court and allow the judge to decide how to proceed. The judge may order you to sign the release, require the attorneys to change the release, or cancel the settlement agreement and proceed to trial.

Hire an Attorney for Your Personal Injury Case

The settlement process can be risky for personal injury victims. In these situations, you need an attorney who can advocate for your best interests, negotiate with the insurance company or defense attorney, and evaluate any settlement offers you receive so that you do not find yourself in a difficult situation.

Hiring a Chicago personal injury lawyer can provide several benefits to your case, including access to expert witnesses who can provide testimony on your behalf and the ability to calculate the full extent of your damages. As soon as possible after your accident, contact an attorney to discuss your case and legal options.