Medical Malpractice Attorney in Chicago, IL

For your case to constitute medical malpractice, and for your Chicago medical malpractice attorney at Burger Law to file a claim on your behalf, there are several facts that must be true. Your case needs to meet the following:

• A doctor-patient relationship has to be established.
• The doctor committed a violation in the standard of care or acceptable care.
• An injury was caused by the doctor's negligence.
• The doctor's negligence and your injury led to specific damages, including permanent or temporary disability, loss of income, pain and suffering, relationship losses, medical and other bills, death and more.

Medical malpractice is the third leading cause of death in the United States. According to Medical News Today, medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

Chicago Medical Malpractice Attorney: Illinois Statute of Limitations

Like many states, Illinois has a specific statute of limitations for medical malpractice claims. This statute, Illinois Compiled Statute 735 5/13-212(a), says that a Chicago medical malpractice attorney must file a medical malpractice claim within two years of the date on which the medical malpractice attorney’s client actually knew, or through the use of reasonable diligence should have known, about the injury that was caused by the medical professional’s malpractice. The statute goes on to set a broader deadline for cases where the injury to the medical malpractice attorney’s client is not discovered right away, stating that “in no event” shall a medical malpractice suit be brought more than four years after the date on which the underlying medical error occurred.

The statute also defines the specific filing date of four years for a medical malpractice attorney’s client who is under the age of 18 at the time they were injured. These cases must be filed by an Chicago medical malpractice attorney within eight years of the date on which the underlying medical malpractice occurred, but in no event can such a case be filed beyond the client’s 22nd birthday.

An Illinois medical malpractice attorney must attach to the original complaint an affidavit declaring that the lawyer has consulted a medical professional who:

• is knowledgeable regarding the medical issues inherent to the case;
• currently practices or teaches in the area of medicine pertinent to the medical malpractice attorney’s case; and
• has experience and competence in the lawsuit’s subject matter.

The medical malpractice attorney must also include in the affidavit a written report from the consulted medical professional, stating that “there is a reasonable and meritorious cause” for the medical malpractice suit.

Your Chicago medical malpractice attorney at Burger Law in Chicago will help ensure that you file your claim correctly and do not miss out on compensation due to a clerical error. Call us immediately at (314) 500-HURT or contact your medical malpractice attorney online for a no-cost case review.

Does Illinois Cap Medical Malpractice Damages?

Following the 2010 LeBron v. Gottlieb Memorial Hospital decision, there is no cap of any kind on damages in Illinois medical malpractice cases. Prior to 2010, Illinois, like numerous other states, passed a law that capped non-economic damages in a medical malpractice case. But the cap was declared unconstitutional by the Illinois Supreme Court. Non-economic damages are those not easily calculable, including:

• Pain and suffering
• Stress and anxiety
• Loss of enjoyment
• Scarring
• Disfigurement