At Duncan Law Group, we understand how devastating medical malpractice can be. When healthcare professionals fail to meet accepted standards of care, the consequences can include serious injury, long-term disability, or even death. Our dedicated Chicago medical malpractice lawyers fight diligently to hold negligent providers accountable and recover the full compensation you deserve.
What Is Medical Malpractice Under Illinois Law?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, causing harm to a patient. This can include doctors, nurses, specialists, and other medical staff who fail to act as a reasonable professional would under similar circumstances.
Common Types: Misdiagnosis, Surgical Errors, and Birth Injuries
Some of the most common incidents of medical malpractice include:
- Misdiagnosis
- Nursing home abuse or neglect
- Emergency room errors
- Birth injuries
- Medication errors
- Brain damage
- Misread X-rays or tests
- Surgical errors
- Anesthesia errors
- Wrongful death
Proving Negligence: Standard of Care and Expert Testimony
If you were seriously injured or your condition worsened at the hands of a medical professional, you may be wondering whether or not you have the right to file a medical malpractice claim.
In any medical malpractice claim, you must be able to prove that:
- A doctor-patient relationship actually existed
- Your doctor deviated from acceptable medical standards of care
- Your doctor’s medical negligence is linked to your worsened condition
- You have suffered actual physical damages
Every personal injury case is different, so it is highly recommended that you discuss the specific nature of your injury with an experienced Chicago medical malpractice lawyer from Duncan Law Group. Our law firm will examine the cause of your injuries, as well as the damages that you have suffered, in order to determine whether or not you have a valid claim.
Who Can File a Medical Malpractice Claim in Chicago?
Eligibility and Required Certificate of Merit
Patients, or their surviving family members in case of death, can file a medical malpractice claim. Illinois requires a certificate of merit, filed by a qualified medical expert, affirming that the case has merit before proceeding in court.
Statute of Limitations and Exceptions in IL
Usually, medical malpractice claims must be filed within two years from the date of injury or when the injury was discovered, but never more than four years from the date of the malpractice.
Special rules extend these periods for minors or cases of continuous treatment. If you were under the age of 18 when you experienced the malpractice, the state extends the statute of limitations even further. You must file your case within eight years of the malpractice or before your 22nd birthday, whichever comes first. You cannot file your claim past the date you turn 22.
Filing within the statute of limitations ensures that most of your evidence is fresh, your witnesses are available to testify, and you retain your right to compensation. Contact the medical malpractice lawyers at Duncan Law Group today to begin your first steps and ensure you meet this deadline.
Compensation Available in Medical Malpractice Cases
Illinois law allows you to collect economic and non-economic damages in medical malpractice cases. In some cases, you may receive additional compensation in the form of punitive damages. While the purpose of compensatory damages is to help you recover from your injury and subsequent losses, punitive damages intend to punish the at-fault party. Courts only award punitive damages if you can prove that the defendant acted in a way that was fraudulent, intentional, or willful and wanton.
Economic Damages: Medical Expenses, Lost Wages, and Future Care
Victims can recover:
- Medical bills and related treatment costs
- Lost income and future earning capacity
- Costs for ongoing or future care and rehabilitation
- Home and vehicle modifications due to disability
Non-Economic Damages: Pain, Suffering, and Emotional Distress
Compensation can also cover intangible losses such as:
- Physical pain and emotional suffering
- Psychological trauma and anxiety
- Loss of enjoyment of life
- Scarring, disfigurement, or permanent disability
How Duncan Law Group Builds Strong Medical Malpractice Claims
Investigation and Expert Collaboration Process
Duncan Law Group carefully investigates each claim, working with top medical professionals to review your records and build your case. Our attorneys gather evidence, consult specialists to validate your claim, and develop a strategic approach tailored to your needs.
Case Results: Multimillion-Dollar Settlements for Chicago Clients
If you or a loved one have been injured due to medical negligence, don’t wait to get the experienced legal help you deserve. Duncan Law Group has recovered millions of dollars for medical malpractice victims including settlements over $2.9 million for wrongful death, $2.5 million for failure to diagnose, and $1.6 million for medical negligence cases.
Our Chicago medical malpractice attorneys fight aggressively to hold negligent providers accountable and secure the compensation you deserve. Contact Duncan Law Group today for a free consultation and let our proven track record work for you.
Frequently Asked Questions About Medical Malpractice in Chicago
What is medical malpractice?
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing harm to the patient. It includes misdiagnosis, surgical errors, birth injuries, and more.
How long do I have to file a medical malpractice claim?
In Illinois, you generally have two years from the date you knew or should have known about your injury to file a claim, but no more than four years from the date of the malpractice. Exceptions apply for minors.
Who can file a medical malpractice lawsuit?
Injured patients and, in cases of death, their surviving family members or estate representatives may file claims. A certificate of merit from a medical expert is required to proceed.
What damages can I recover?
You may recover both economic damages, like medical bills and lost wages, and non-economic damages such as pain and suffering. Punitive damages may also be awarded in cases of gross negligence.
Do I need an expert to prove my claim?
Yes, expert testimony is crucial to show that the medical professional breached the standard of care and caused your injury.
How can a Chicago medical malpractice lawyer help?
An experienced lawyer will investigate your claim, gather evidence, consult medical experts, negotiate with insurance companies, and prepare your case for trial if needed.
