Illinois Medical Malpractice Laws

Medical malpractice refers to a breach in standard medical care committed by a health care professional, clinic, or hospital which results in injury or death to the patient. Standards of care in treating various illnesses and conditions are established and accepted by the medical profession when handling any patient. Where these standard treatments or practices are violated by a doctor, nurse, therapist, surgeon, pharmacist, dentist, psychiatrist or any other health care provider, it may constitute negligence. When that negligence leads to serious injury or death, the injured patient or the family of the deceased may file a malpractice claim for damages. To prevail in the claim, they must prove that negligence occurred which caused the injury or death.

In Illinois, you have two years from the date of the injury to file a medical malpractice claim. If the injury did not come to light within those two years, you have four years to file a claim. No claims will be honored after the four years have passed. In the case of minors, the statute of limitations for filing the claim is eight years from the date of the injury as long as the claim is filed before the age of 22.

Attorney fees are limited in the case of medical malpractice awards. Fees may not exceed 33 1/3 percent for awards of up to $150,000, 25 percent of the next $850,000, and any awards exceeding $1 million are limited to 20 percent. Currently, in Illinois no caps exist on the amounts of both economic and non-economic damages that a claimant may obtain.

Personal Injury and Medical Malpractice Firm in Joliet, Illinois

Medical malpractice cases tend to be very demanding, difficult, and time-consuming; these cases require the legal representation of a proven litigator who is well-versed in this field. If you believe you have been harmed by medical negligence, you should immediately consult with an experienced medical malpractice lawyer in your area who can review and evaluate your case to determine if you have a valid claim.

Serving Joliet, Chicago, and Dyer, Pavich Law Group, P.C. is a personal injury firm that handles medical malpractice cases. This is a firm of seasoned and accomplished litigators who have a proven track record. They have obtained substantial settlements and verdicts for their clients throughout their many years of practice. They have also been recognized for their outstanding legal ability and client satisfaction by Super Lawyers and Avvo, a national lawyers' review service. The firm offers a free case consultation and analysis to help you better understand where you stand and what your legal options may be. Contact the law offices to arrange to speak to an attorney about your potential personal injury or medical malpractice claim today.