Medical errors are a leading cause of injury — and sometimes even death — in the United States. But not every bad outcome is considered medical malpractice under the law. So, how do you know if what happened to you (or a loved one) qualifies as medical malpractice in Illinois?
At the Dinizulu Law Group, we help victims understand their rights and fight for justice when those rights are violated. Here’s what you need to know.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider — such as a doctor, nurse, or hospital — fails to meet the accepted standard of care, resulting in harm to the patient. The “standard of care” refers to what a reasonably competent medical professional would have done under the same circumstances.
In Illinois, to prove medical malpractice, you must show:
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A provider-patient relationship existed.
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The provider was negligent.
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That negligence caused an injury.
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The injury led to specific damages (e.g., medical bills, lost wages, pain and suffering).
Common Examples of Medical Malpractice
While every case is unique, some of the most frequent types of malpractice we see include:
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Misdiagnosis or Delayed Diagnosis: A missed or late diagnosis can lead to delayed treatment — or no treatment at all — often with devastating consequences.
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Surgical Errors: Operating on the wrong body part, leaving surgical tools inside the body or anesthesia mistakes can all form the basis of a malpractice claim.
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Medication Mistakes: This includes prescribing the wrong drug, the wrong dosage or a dangerous drug interaction.
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Birth Injuries: Negligence during labor or delivery can cause permanent injury to both mother and baby.
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Failure to Obtain Informed Consent: Patients must be informed of all significant risks before agreeing to treatment. If you’re harmed by a risk you weren’t told about, you may have a claim.
Signs You May Be a Victim of Medical Malpractice
Not sure if what happened to you rises to the level of malpractice? Here are some red flags:
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Your condition got worse — not better — after treatment
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You were given a different diagnosis by another provider
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You experienced an unexpected complication after a procedure
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You were rushed into surgery or treatment without being informed of alternatives or risks
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A loved one died unexpectedly after what should have been routine care
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You discovered a mistake only after requesting your medical records
If something feels wrong, trust your instincts — and get a second opinion.
What Should You Do Next?
If you suspect medical malpractice, get a copy of your medical records. This will be crucial for building your case. You should also consult with another medical provider. Getting a second opinion can help confirm whether an error occurred. You should also contact an experienced medical malpractice attorney. Illinois law has strict filing deadlines, called the statute of limitations, so don’t delay.
How Long Do You Have to File a Malpractice Claim in Illinois?
In most cases, you have two years from the date you knew — or should have known — that the injury occurred. However, no claim can be filed more than four years after the actual date of the malpractice. There are some exceptions for minors and cases involving fraud, so it’s best to speak with a lawyer right away.
We’re Here to Help
Medical malpractice cases are complex, but you don’t have to face them alone. At the Dinizulu Law Group, we work with experienced medical experts and legal professionals to investigate what went wrong and hold negligent providers accountable. If you believe you’ve been harmed by medical negligence in Illinois, contact us today for a free, confidential consultation by calling (312) 384-1920. Don’t wait — call us to get started today.
