Medical malpractice cases involve a betrayal of trust. Medical practitioners are trusted to help preserve someone’s health, their most valuable possession. When they do not do their job, the failure is intensely personal. If your health has been damaged by the very person trusted the most, you have the right to consult a Medical Malpractice Lawyer in Winnebago County IL.
The Illinois Statute of Limitations for Medical Malpractice
All states, including Illinois, have a law that specifies how long an injured patient has to sue for medical malpractice. In Illinois, there are three significant time limits. If a lawsuit is not filed in time, the court will refuse to hear the case.
- A patient has 2 years to file a medical malpractice lawsuit from the date that the patient first learned of the injury or should have known about the injury
- The outside limit for filing a medical malpractice lawsuit is 4 years from the date of the medically negligent act
- There is one exception for those who were minors when they were injured by a medical practitioner. Anyone under 18 is allowed 8 years to file a lawsuit, providing that the patient has not turned 22 when the lawsuit is filed
What is Medical Malpractice?
An important term in a medical malpractice lawsuit is “standard of care.” This refers to the standards and practices that other medical professionals would follow in similar circumstances. A doctor is not expected to be the absolute best in his field. A doctor is expected to treat a patient as well as other doctors would. If a doctor does not use this standard of care, it is called medical negligence.
It’s necessary to prove that medical negligence was the direct cause of the patient’s injuries.
What is Negligent Treatment?
Negligent treatment can include almost anything that harms the patient:
- Missed or late diagnosis
- Being given the wrong medication
- Not receiving a treatment that other doctors would have performed
Damages
Both compensatory and non-economic damages can be awarded.
- Compensatory damages include medical bills, lost wages, and other expenses
- Non-economic damages compensate a victim for pain and suffering
The Crosby Law Firm will take care of the legal issues while you’re recovering. If you believe that you’re a victim of medical negligence, you need an experienced Medical Malpractice Lawyer in Winnebago County IL. Visit Thecrosbylawfirm.com to read the reviews and schedule a free consultation.
