Medical Malpractice In Illinois

by | Oct 3, 2016 | Lawyers

If you are injured during a medical procedure or medical treatment you may be in a position to sue the medical practitioner or medical facility for medical malpractice. The laws are very complex, if you believe you have a case you most certainly will have to hire a Rockford medical malpractice lawyer.

What is medical malpractice?

In Illinois, medical malpractice has occurred when the following has happened:

1. A medical practitioner or facility

2. breaches a set standard of care which

3. results in injury or death

What constitutes “standard of care” varies but it is that which one could expect from another medical professional under the similar circumstances. This must take into account such things as the patient’s health prior to the treatment or procedure, the specifics of the patient’s condition, age, etc. A clear violation of the standard of care can be considered negligence. If the negligence results in injury it is up to the patient and his or her Chicago medical malpractice lawyer to prove that it was this claimed negligence that was the cause of the injury.

The statute of limitations in Illinois:

There must be a set time limit under which an aggrieved individual can sue; otherwise the medical practitioner would never rest easy thinking they may be sued for an incident from years back. In Illinois, a person that feels the suffered from medical malpractice has two years from the date he or she was aware of the injury but Illinois has a statute of repose that does allow legal action to commence up to four years from the date of the injury. The state of Illinois also has a special rule that allows anyone that was under the age of 18, a minor, up to eight years to file suit, however; the injured party must not yet have reached the age of 22.

It is important to mention that laws change, and as such, an individual that may bring suit is advised to consult with an experienced and knowledgeable Rockford medical malpractice lawyer. Contact Shea Law Group at for more details. Follow us on our facebook page.

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