What to Know About Medical Malpractice Laws in Illinois

Medical malpractice occurs when a doctor or healthcare professional acts below the standard of care and is negligent.  When this happens during the labor & delivery process, the baby may suffer serious harm. You may be able to hold the negligent party responsible. Our attorneys discuss what to know about medical malpractice laws in Illinois.

What Is a Medical Malpractice Lawsuit?

Medical malpractice lawsuits charge an individual or entity responsible for negligence. When your child has suffered an injury at birth, in order to have a medical malpractice claim, you must show that:

• medical treatment fell below the accepted standard of care of what a reasonable physician or healthcare professional in the same or similar situation would do in the same or similar circumstance. Generally, this standard of care refers to the same type and level of care expected of a healthcare professional in the same capacity, addressing a similar medical issue, with the same level of training and experience. Establishing this standard requires bringing in expert testimony to prove your claim.
• failure in providing the standard of care proximately caused the harm suffered. Your claim must also prove that harm occurred as a result of this substandard treatment. Doing so often requires expert testimony as well.

What Are the Medical Malpractice Laws in Illinois?

Medical malpractice laws to consider when pursuing a birth injury claim include:

Illinois Medical Malpractice Statute of Limitations

A statute of limitations dictates the amount of time you have to bring a medical malpractice claim. These time limits vary from state to state. A birth injury case is often filed by the parent(s) on behalf of their child who was injured at birth. The parent(s) may also be able to bring claims for themselves.

In medical malpractice actions in the state of Illinois, the statute of limitations for medical malpractice claims on behalf of a minor is eight years from the date of malpractice (date injury occurs).

For parental claims in Illinois, the statute of limitations deadline is set at two years from the date of the malpractice (date injury occurs) or when the parents discover that their child has been injured (known as the discovery rule). The discovery rule allows the statute of limitations to be extended from the date that the injury occurred to the time the parent(s) knew or reasonably should have discovered the injury.

It is important to speak to an experienced birth injury attorney about your potential claim if you have questions about the statute of limitations. An attorney can help you understand your legal options.

Illinois Affidavit of Merit

Medical malpractice laws in Illinois also require filing an affidavit of merit when pursuing a birth injury lawsuit. This document essentially declares that the “affiant” (person making the declaration) has discussed the details of the case with a qualified healthcare professional. The affidavit must also contain a determination that there is cause for bringing the claim. To back this statement up, the healthcare professional who reviewed the case must:

• have knowledge about the medical issues presented in the case,
• practice or teach in the relevant field of medicine, either currently or recently, and
• qualify to assess the details of the case out of experience or competence.

Medical Malpractice Damages Available

The State of Illinois does not place any caps on medical malpractice claim damages. This means that there are no established limits placed on the amount of damages that may be recovered in a birth injury lawsuit filed in Illinois.

Have Questions? Contact Our Office to Learn More about Illinois Medical Malpractice Laws

Medical error or negligence may lead to harm that lasts a lifetime. Resulting health conditions may range from mild to severe. To help understand potential obstacles, contact our Chicago birth injury lawyers today. You can schedule a free consultation with us by dialing (877) 262-9767 or by contacting us online.

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