Illinois medical malpractice attorneys know about the betrayal, the anger, the pain and the cost suffered by patients who are the victims of medical malpractice.  Patients go to their doctor to improve their health and they trust their physicians to act in their best interests.

Generally, Illinois medical malpractice victims have 2 years from the time that they know, or reasonably should have known, about their injury to file a lawsuit.  However, the lawsuit must be brought within 4 years of the act or failure to act which caused the injuries.  Victims who are under the age of 18 when the malpractice occurred have a longer statute of limitations within which to file their lawsuit.

Dolan Law Offices handles many types of medical malpractice cases, including:

Making a Case in Illinois: Medical Malpractice Elements

In order to recover against a doctor, nurse, hospital or other medical professional or facility, a victim of medical malpractice in Illinois must prove the following elements of negligence:

1.   That the defendant had a duty to the plaintiff: this element is usually relatively straightforward to prove in a medical malpractice case.  If the plaintiff was the patient of the defendant or was admitted to the medical facility of the defendant then the defendant owed a duty of care to the plaintiff.

2.   The defendant breached the duty of care: In order to prove this element, the plaintiff must prove that the doctor did not act as a reasonable doctor of the same specialty would have in the same situation.  For example if a general practitioner failed to diagnose cancer then the plaintiff would need to prove that other general practitioners would have made a diagnosis of cancer had the plaintiff sought the medical advice of a different physician.

3.   That the defendant’s breach of its duty of care caused the plaintiff’s injuries: It is not enough that the defendant made a mistake and the plaintiff was hurt.  The defendant’s actions must have been the primary reason for the plaintiff’s injuries.  In the example provided above, if the doctor had failed to diagnosis cancer but the cancer would have been untreatable even if the doctor had made a proper diagnosis then there is no medical malpractice case against the doctor because the doctor’s failure to diagnose cancer was not the reason for the plaintiff’s injuries.  The incurable and untreatable cancer was the reason for the injuries.  If, however, the cancer was highly treatable if detected at the stage at which the plaintiff went to see the doctor and the doctor breached his or her duty of care in making a diagnosis then the defendant’s breach was likely the reason for the plaintiff’s injuries and legal causation may be found.

4.   The plaintiff incurred injuries.  The plaintiff must prove what injuries he or she suffered so that damages can be awarded if all of the above elements of medical malpractice are satisfied.

Choosing an Illinois Medical Malpractice Lawyer

Medical malpractice cases are important.  Victims are entitled to recover damages for their injuries.  However, the Department of Justice has found that in Illinois only about 12% of closed cases result in money for their victims. Accordingly, it is imperative to hire the right Illinois medical malpractice attorney – one who will fight zealously to recover damages on your behalf.  Chicago medical malpractice attorney Martin A. Dolan knows how to fight for medical malpractice victims. In the notable case of Kordek v. Marwaha he successfully represented the plaintiff, taking the case to verdict. In that case, the doctor was found liable for failing to diagnose cancer and the jury verdict was the second highest in Dekalb County history for a medical malpractice case.

Dolan Law Offices represents victims of medical malpractice throughout Illinois and the greater Chicagoland area, including Cook County, DuPage County, Lake County, McHenry County, and Will County, and the towns of Aurora, Addison, Chicago Heights, Joliet, Hillsdale, Plainfield, Rolling Meadows, Des Plains, Schaumburg, Palatine, Elk Grove Village, Hoffman Estates, Arlington Heights, Mount Prospect, Hanover Park, Streamwood, Prospect Heights, Wheeling, Wheaton, Waukegan, Inverness, Barrington, Buffalo Grove, Elgin, Bartlett, Itasca, Bloomingdale and Oak Park.

Please contact us today for a free consultation.  The Chicago medical malpractice attorneys of Dolan Law Offices will not collect a fee from you unless your case results in a monetary verdict or settlement.