How Long Do You Have to File a Medical Malpractice?

Medical Malpractice AttorneyBefore building a claim in Illinois, hiring an attorney to review existing malpractice laws and current changes is a good idea. Since the laws also include a statute of limitations, this should be done sooner rather than later.

Statute of Limitations for Medical Malpractice

The state’s statute of limitations was introduced specifically for cases involving medical malpractice claims. According to the law, such cases have to be filed in court within two (2) years of the date on which the plaintiff knew or should have known about the injuries caused by a healthcare professional’s negligence or malpractice.

The statute of limitations in Illinois also sets bigger deadlines for cases in which plaintiffs do not discover their injuries straight away. However, you cannot bring a case in which the underlying medical error occurred more than four (4) years ago.

If the plaintiff younger than 18 years of age at the time, the medical malpractice case has to be filed within eight (8) years of the date on which the malpractice took place. However, in no event can the case be brought forward or accepted beyond his/her 22nd birthday.

Other Reasons for Filing Medical Malpractice Lawsuits

Due to Fraud – You can file a medical malpractice claim within five (5) years if it is proven the offending medical professional or healthcare facility withheld information to hide their negligence.

Due to Disability – If the injured party is incapacitated due to paralysis or any other injuries or conditions caused by medical malpractice, the statute of limitations begins when the disability is removed and he/she can proceed with the lawsuit. In that case, the patient has two (2) years to file the lawsuit.

The worst thing you can do is wait too long to file a case. If you try to file it after the statute of limitations has passed, your claim WILL be refused by the court. That is why it is critical you abide by the timelines dictated by malpractice laws without delay.

Personal Injury Attorney

If you are looking for a medical malpractice attorney in Chicago, Waukegan, Libertyville, Woodstock or Antioch, IL, get in touch with Bob Edens and his team of attorneys at the Law Offices of Robert T. Edens today. We have over 20 years of experience representing clients like you who have been injured or paralyzed due to the negligence of nurses, doctors, dentists, pediatricians and other hospital staff. Get in touch with us for a consultation today.

Medical Malpractice in Illinois

Medical Malpractice AttorneyMedical malpractice is a legal term that deals with cases where a professional health care provider fails to adhere to the standard of care, which leads to the injury or death of a patient. Because the legal issues pertaining to Illinois medical malpractice claims are extremely intricate and contain a high level of complexities, it is important to hire an experienced personal injury lawyer to pursue a successful claim against the negligent party.

Medical Malpractice in Illinois

In the U.S., laws related to medical malpractice differ from state-to-state. In Illinois, in order to establish a successful medical practitioner claim, the plaintiff must prove three points:

  1. The standard of care (or duty) a defendant owes to their patient

  2. The defendant deviated from the standard of care (breach of duty)

  3. The resulting injury was caused due to that breach of duty

Types of Medical Malpractice Claims

There are different types of medical malpractice claims a victim may pursue against the negligent party. The most common ones include anesthesia errors, birth Injuries, obstetrical negligence, diagnostic errors, emergency room negligence and medication or surgical errors. Performing an unnecessary medical treatment or breaching the confidentiality of doctor-patient agreement may come under the umbrella of medical malpractice.

Establishing Liability in Illinois Medical Malpractice Claims

Under Illinois law, the medical malpractice is governed under a form of modified comparative negligence law. A medical malpractice claim can only be pursued if the contributory fault of the claimant is less than 50 percent of the proximate cause of the injury. Also, financial compensation is reduced in proportion to the percentage of fault. If the contributory fault is proved to be more than 50 percent, a claimant may not have a valid claim to pursue against the negligent party.

Under Illinois law, a defendant who is facing charges of medical malpractice is jointly and severally liable for all damages. Therefore, in case of more than a single defendant, the plaintiff has a legal right to pursue full recovery from any negligent party by hiring a skillful personal injury lawyer.

Why Hire a Lawyer?

A competent personal injury lawyer will gather evidence and devise an effective medical malpractice case against the negligent party or parties, which helps you obtain the right amount of compensation for your economic and non-economic damages such as medical expenses, lost wages, disability, disfigurement, loss and sufferings, amongst others. Your attorney will allow you to focus on your recovery and ensure your legal rights remain protected throughout the litigation process.

Personal Injury Attorney

If you wish to find out more about medical malpractice claims in Illinois or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.

How to Hold an Anesthesiologist Liable for Medical Malpractice

Anesthesia MalpracticeAnesthesia is a critical part of operations, enabling a patient to tolerate surgical procedure without experiencing pain and distress. It is generally considered as a safe practice in the medical industry, as stats reveal that the risk of dying from a general anesthetic is 1 out of 100,000. However, using anesthesia requires a great amount of competency, comprehensive evaluation of medical history, and constant monitoring during the procedure to ensure the patient’s safety and wellbeing. It may cause bad reactions in some patients, which may potentially lead to health problems. Therefore, an anesthesiologist must be extremely careful in fulfilling their responsibility as their negligence can lead to severe injury, or potentially even death of a patient.

Role of Anesthesiologist during the procedure

There are many types of anesthesia. A general anesthesia renders the patient completely unconscious during the entire procedure. Regional anesthesia may be administered in a specific region of the body, which allows a patient to stay awake during the surgery. Local anesthesia shares similarities with regional anesthesia, however, it affects a smaller area of the body.

No matter which type of anesthesia is used during the operation, an anesthesiologist must constantly remain aware of the vitals of patients. They must administer the right quantity and timings of anesthesia provided to the patient and must take appropriate action if a patient is experiencing health issues. Anesthesiologists go through a rigorous and demanding training designed specifically to gain competency and proficiency in anesthesiology before starting their practice in this highly sensitive and complex field.

How can Anesthesia Malpractice take place?

It is imperative that doctors must inform their patients before administering them under anesthesia. Failure to notify a patient about the duration and risks associated with anesthesia or administering them without their consent qualifies for a medical malpractice. Ineffective inspection of equipment used for anesthetic purposes before the surgery or neglecting patient’s medical history to determine required amount of dosage of anesthesia may also constitute as medical malpractice.

Furthermore, an anesthesiologist may demonstrate carelessness during enubilating process, or perhaps in the administration of anesthesia such as inadequate monitoring of the vital signs. These type of negligence and poor practices can also contribute towards establishing grounds for medical malpractice.

The common injuries pertaining to anesthesia malpractice include vomit and nausea, difficulty in breathing, allergic reactions, or throat damage. However, in some unfortunate events, it can lead to life-threatening consequences such as nerve damage, stroke, brain damage, heart attack, which may prove to be fatal.

How can a lawyer help in Anesthesia Malpractice?

Undeniably, anesthesia is an integral part of most surgical procedures, allowing you to undergo an operation without suffering from pain and mental distress. Yet, losing consciousness without giving your consent can be detrimental for your health and presents a lot of risks, even when the procedure is performed in a highly regulated condition.

Medical professionals have a duty of care to their patients and aforementioned points pertaining to anesthesia malpractice can result in a breach of duty of care, resulting in a claim for medical malpractice. However, it can be difficult to prove that breach of duty is actually taken place without providing sufficient evidence in court. Therefore, hiring a professional and skillful medical malpractice lawyer can be advantageous for your case as they may help you to collect evidence and obtain maximum amount of compensation for the suffering and risks you borne due to the negligence of medical practitioner.

Personal Injury Attorney

If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced medical malpractice lawyer.

Miscommunication to Malpractice: Why You Need to Communicate with Doctors

Some patients who may be labeled as “problematic” or “difficult” may actually have the right idea. Doctors and healthcare providers are trusted with the care and safety of our most prized possessions (our selves and our families). Why should we not question them to make sure they fully understand the nature of a problem and have the expertise that is required to fix it? Unfortunately for too many individuals, they do not begin to question the care that they are receiving until it is too late, and for many who have been victims of medical malpractice, their questions are then met by stonewalling, denial and blame shifting from hospitals, doctors and insurance lawyers. It is important for any patient to remember that those who they trust with the administration of their medical care are still human, which means that they are able to make mistakes and are highly susceptible to miscommunication. The problem is that their mistakes often come with the highest consequences.


Ego and Communication

Not all doctors are poor communicators, but one study has found that miscommunication is a leading cause of “serious medical errors.” The study looked at errors made during “resident handoffs” of patients, which occur whenever a shift change or facility transfer occurs during the care of a patient. According to the study’s findings, this period of transfer was responsible for a large increase in errors, largely due to miscommunication between the initial staff and the new staff with regard to a patient’s treatment and needs. The entity that conducted the study also implemented something they called an “intervention” which interjected some new techniques for hospital staff to use in order to help them successfully transfer a patient with fewer handoff errors. The techniques included the use of a mnemonic device to assist in oral handoffs, communication training and continued observation to ensure the patient handoffs were done with a lower error rate. The study found that better communication at this stage of treatment led to better care for patients and fewer instances of patient harm due to errors in treatment.


In Illinois, a patient or loved one of someone who has been injured by a healthcare provider’s negligence generally has two years to file a lawsuit after they knew (or should have known) of the injury. Unfortunately for many injured patients, they are unaware of this time limit until it is too late. They can be sure that the wrongdoers are fully aware of this time limit and have ways of delaying discovery of wrongdoing while a patient is too focused on the healing process to take legal action. While of course all healthcare providers are not actively seeking to harm their patients, once malpractice occurs the decisions are largely taken away from the doctors, nurses and other staff and begin to be made by lawyers who are seeking to protect their clients’ interests.

The Law Offices of Robert T. Edens, P.C.

Need Guidance?

If you or a loved one has been injured by a medical professional you trusted with your care, call Robert T. Edens, P.C today for a consultation. We work hard on behalf of our clients to ensure their interests are protected while they are focusing on more important matters, such as making a full recovery despite the medical error. Our attorneys have experience with all the tactics of large insurance companies and their lawyers, and can use our skills to hold their clients accountable for their negligence.



Doctors Are People Too: Medical Malpractice in Modern Medicine

Every year, countless cases of possible malpractice go unreported. One watchdog group conducted a study into the state of patient safety that included surveys of more than a thousand patients across the country. The results of that study may surprise even the most cynical of citizens. Not only is this study important to alert people to the potential dangers they face when obtaining health care, but it should also serve as a reminder that doctors are people too. This means that, despite their training and years of experience, doctors and healthcare staff are capable of making mistakes. It is for this reason that healthcare professionals and the facilities they work for carry insurance in the event a mistake leads to the harm of a patient. However, these individuals are not always up front about their mistakes. In these situations it may be necessary for an injured patient to speak to an experienced attorney who can help them enforce their rights to recover damages to which they are entitled.

Patient Harm Study

According to ProPublica, the organization that conducted the “Voices of Patient Harm” study, participants in the study who reported that they were injured by a medical provider were also injured when that same provider denied any wrongdoing and attempted to cover up the mistake that led to the harm. Of those who were injured, only 13% stated that their caregivers voluntarily disclosed information about the harm. This means that 87% of injured patients were not only struggling to recover from their medical provider’s mistake, but also fighting to have that mistake acknowledged so that they could obtain proper treatment and recover what they had lost.

Patients who responded to the survey stated that they had feelings of “fear, anxiety, anger and depression” after they were injured and much of these feelings stemmed from the fact that a majority of doctors/medical staff neither apologized nor were held accountable for their actions. To put this in perspective, it would be as if someone who was permanently disabled after a car accident caused by someone else’s negligence was unable to recover damages because the other party denied an accident even occurred. The injured party is then forced to fight the wrongdoer and their insurance company in court to obtain relief.

The Law Offices of Robert T. Edens, P.C.

Medical Malpractice Lawsuit

Nobody wants to spend their valuable time embroiled in litigation. However, in some situations it can be the only way to not only recover what is owed, but also to send a message to wrongdoers that their actions will not go unpunished. People make mistakes. The law surrounding incidents of medical malpractice is designed to help an injured patient obtain justice when a mistake turns into stonewalling or denial on the part of the wrongdoer. If you or someone you love has been injured by a medical provider, call the Law Offices of Robert T. Edens, P.C today about your options. Our experienced attorneys can help guide you through the process and represent you if necessary to help you on your path to recovery.