medical malpractice attorney Chicago IL

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What is considered medical malpractice and when can medical providers be held liable in Illinois?

January 26, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a patient is harmed as a result of negligent medical treatment in Illinois, the doctor, hospital or other medical providers may be held liable for medical malpractice. Physician’s in Illinois are expected to provide care according to a certain care, also known as the standard of care. When they stray away from that standard and cause injury to a patient, further illness, or death, it is considered medical malpractice.

What Constitutes Medical Malpractice in Illinois?

Medical malpractice involves any deviation in the standard of care that medical providers owe to their patient. The most common types of medical malpractice claims include:

Diagnostic Errors
Medication Errors
Surgical Errors
Anesthesia Errors
Hospital Malpractice
Emergency Room Malpractice
Birth Injuries or Obstetrical Negligence
Unauthorized Treatment
Breach of Doctor-Patient Confidentiality
Unnecessary medical treatment or procedures

Illinois Statute of Limitations for Medical Malpractice Lawsuits

A “statute of limitations” refers to the law that sets a time limit on the right to file a lawsuit. Statute of limitations vary, meaning there are different deadlines for different types of cases.

In Illinois, the statute of limitations to file a medical malpractice lawsuit in Illinois is generally two years from the date the claimant knew or reasonably should have known of the injury. If a patient is under the age of 18 when the alleged medical malpractice occurred, the statute of limitations extends to eight years from the alleged act or omission; however, an act cannot be filed after the minor claimant’s 22^nd birthday. If the claimant is mentally incompetent, the statute does not begin to run until the disability is removed.

If medical malpractice results in death, the wrongful death two-year statute of limitations period begins to run on the date of the decedent’s death.

Damages for Medical Malpractice Claims in Illinois

The plaintiff must prove the defendant is liable for medical malpractice for it to be ruled in their favor. In this case, he or she may be able to collect money damages for: medical expenses, pain and suffering, lost wages, household services, and permanent disability and disfigurement.

Some states place damage caps on noneconomic damages (such as pain and suffering), but Illinois does not have any damage caps on medical malpractice damage awards.

Liability Issues Involved in Illinois Medical Malpractice Claims

Illinois follows a form of modified comparative negligence, where a medical malpractice action is barred only if the claimant’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. If the claimant is less than 50% at fault for the injuries, he or she may still pursue a medical malpractice claim, but the financial recovery is reduced in proportion to the claimant’s percentage of fault.

Defendants in an Illinois medical malpractice lawsuit are jointly and severally liable for all damages. In other words, if there is more than one negligent party (such as a doctor and hospital), the plaintiff may file a malpractice claim seeking full recovery from any defendant.

There are legal issues involved with Illinois malpractice claims which makes them complex and involves a comprehensive factual investigation. It’s important to consult with a skilled Illinois medical malpractice attorney as soon as possible to review your case. If you or someone you loved has been injured due to a medical providers negligence, please contact the experienced medical malpractice attorney’s at Dinizulu Law Group, Ltd. We understand the process can be difficult and stressful which is why we offer medical malpractice consultations for free. Please visit our website for more information.

Doctors Concerned About Lack of Cancer Screening During COVID-19 Pandemic

October 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – The COVID-19 pandemic has created medical problems beyond itself. Both doctors and non-profit leaders are concerned about the lack of cancer screenings and patient funding since the pandemic began in March.

Dr. Heather Greenwood, a University of California – San Francisco radiologist, told ABC 11, “We’re very, very worried. While there’s, unfortunately, a lot of patients struggling with COVID, the number of patients with cancer is not going away either.”

The National Cancer Institute has published numerous models that suggest breast cancer and colon cancer alone, for the next decade, there will be more than 10,000 deaths because people are not being screened as they normally would.

Most breast imaging appointments – mammograms and ultrasounds – were canceled in accordance with lock down guidelines. Volume has picked back up at some hospitals; however, doctors say they are still concerned.

The founder and CEO of Susan G. Komen’s San Francisco branch mentioned she delayed her mammogram for several months and is now going in October. “Everything is down.” Horning mentioned how this impacts women who are underinsured and underserved.

The pandemic has forced several fundraising events, such as the Susan G. Komen More Than Pink Walk to move to a virtual event. As a result, donations and registration are down. These funds help patients who are in need of chemotherapy, pain medication, transportation to and from their treatment center, or childcare or psychosocial services.

Medical Malpractice: Claim Requirements and How to Prove a Claim

September 10, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Medical malpractice occurs when a patient is harmed by a medical professional, or doctor, who fails to competently perform his/her medical duties. State rules about medical malpractice differ in terms of how long you have to bring forth your lawsuit to notifying your doctor of a lawsuit; however, there are some general requirements to file a malpractice claim.

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to prove the following:

A doctor-patient relationship existed. You must show that you and your doctor established a doctor-patient relationship – this means, you hired the doctor and the doctor agreed to have you as a patient. If a doctor began to see you and treat you as a patient, it’s relatively easy to prove a physician-patient relationship existed.
The doctor was negligent. The doctor must have been negligent when diagnosing you or in your treatment. To sue for malpractice, you have to prove that your doctor harmed you in a way that a competent doctor, under the same circumstances, would not have. It’s important to note that the doctor’s care is not required to be the best possible, but rather “reasonably skillful and careful.” Nearly every state requires the patient presents a medical expert to discuss the appropriate standard of care and show how the doctor deviated from the standard of care.
The doctor’s negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, the question that often arises is whether what the doctor did, negligent or not, actually caused the patient harm. A patient must show that it was more likely than not that the doctor’s incompetence directly caused their injury. Normally, the patient must have a medical expert testify that the doctor’s negligence directly caused further harm.
The injury led to specific damages. Even if it’s clear that your doctor performed below the standard of care, the patient cannot sue a doctor if they didn’t suffer any harm. Some examples of the types of harm patients can sue for are:

- Physical pain
- Mental anguish
- Additional medical bills
- Lost work and lost earnings

Common Types of Medical Malpractice

There is a wide variety of situations that can lead to a medical malpractice claim; however, most malpractice claims fall into one of these categories:

Improper treatment. If a doctor fails to follow the standard of care and treats the patient in a way that no other doctor would, the patient could have a medical malpractice claim. It could also be a malpractice claim if the doctor were to select the appropriate treatment, but administers it incompletely.
Failure to diagnose. If a competent doctor would have discovered the patient’s illness or made a different diagnosis, which could have led to a better outcome, the patient may have a medical malpractice claim.
Failure to warn a patient of known risks. Doctors are responsible for warning patients of known risks of a procedures or a course of treatment, known as the duty of informed consent. If a patient, once properly informed of all possible risks, would have elected not to go through with the procedure, the doctor may be held liable for hurting their patient if they were injured by the procedure.

Statute of Limitations

The statute of limitations is a strict amount of time you have to get your case started in the state’s civil court system; however, this differs from state to state. Illinois has a statute of limitations that directly applies to medical malpractice cases. That law requires the lawsuits to be filed within two years of the date in which the plaintiff knew, or should’ve known, about the injury that was caused by the healthcare professional’s malpractice.

In the event that this is not discovered right away, the Illinois medical malpractice statute of limitations goes on to set a larger deadline in which a malpractice claim can be brought more than four years after the date the medical error occurred. You can learn more about this here.

If the plaintiff is under the age of 18, there is a specific filing deadline for a lawsuit filed on behalf of them. These cases must be filed within eight years of the date on which the malpractice occurred, but in no event can the case be brought beyond the person’s twenty-second birthday.

Getting Help

Medical malpractice law is highly complex that differs from state to state, so it’s important to get advice or representation by a lawyer.

The medical malpractice attorneys at the Dinizulu Law Group are highly experienced and have the resources to properly handle your medical malpractice claim. If you have been harmed or suffered an injury due to your healthcare providers negligence, please contact our office at (312) 384-1920 for a free consultation.