We trust medical professionals to handle various aspects of our lives. Whether there is a birth, illness, cold, virus, flu, sprain, strain, or break, we turn to our doctors to put our lives back on track.
Just as our health affects all levels of our well being, so too do the doctors we turn to for healthcare. We place a great deal of trust in the recommendations of our doctors, from the prescriptions we take to the treatment we undergo. Unfortunately, sometimes doctors violate this trust.
When this happens, we can seek solace in the protections provided by the laws of Illinois. Illinois law requires that doctors act responsibly and professionally when providing care to patients. In other words, healthcare providers must always conform their treatment of patients to the standard of care; it is a patient’s right to receive such care. When a doctor acts outside of the standard of care, or too differently from the professionally accepted conduct in their field, a patient may be injured. Where a patient is injured from this type of negligence they are allowed to bring a medical malpractice lawsuit. Here are a few FAQs regarding this type of suit:
No. This is somewhat of a recent development in the legal field. As of 2010 the Illinois Supreme Court has ruled that placing a cap, or limit, on the amount of damages a plaintiff can receive in a medical malpractice suit is unconstitutional. Prior to 2010 a plaintiff could only receive up to $500,000.00 in non-economic damages.
Depending on your situation, there is a wide array of damages available to plaintiffs who have been injured as a result of professional negligence. Monetary damages are those that are easily calculated and often come in the form of bills. This can include medical bills and treatment, but also extends to missed paychecks from work or diminished ability to earn a living. Non-economic damages are those that are not as easy to quantify. This may be pain and suffering or loss of enjoyment but can also include anxiety, scarring, or loss of companionship.
Illinois medical malpractice claims have a very short and a very strict statute of limitations. The statute of limitations refers to the length of time after the incident occurs that you can are legally permitted to bring suit. Illinois law requires that a plaintiff bring suit two years from the time they were aware of, or should have been aware of, the medical malpractice.
However, regardless of when a patient becomes aware of the malpractice, there is an absolute limit of four years. This means that if a patient becomes aware of the malpractice more than four years from the incident that caused the injury, the suit is barred by the statute of limitations.
Medical malpractice continues to be a pressing issue in Illinois, with a staggering number of cases reported annually, signifying a critical area of concern for patients, healthcare professionals, and policymakers alike. An in-depth understanding of the latest statistics is vital for addressing the challenges posed by medical errors and enhancing the safety and quality of patient care.
From 2020 to 2024, there were 5,944 adverse action reports filed against healthcare providers in Illinois, alongside 1,801 reports concerning medical malpractice payments. These reports encompass a range of disciplinary actions taken against medical professionals, as well as financial settlements awarded to patients who have suffered from medical negligence.
In the year 2023 alone, the state recorded 1,510 adverse action reports and 473 medical malpractice payment reports. Notably, the most frequently cited allegations in these claims included failure to diagnose conditions accurately and improper performance of medical procedures, which can have dire consequences for patients.
The financial impact of medical malpractice is significant. In 2024, the average settlement awarded in malpractice cases in Illinois reached an impressive $672,743, positioning the state as the seventh highest in the nation for total payouts in this realm. Among the most notable malpractice settlements in Illinois history was a staggering $37.5 million awarded in 2024, stemming from a case involving the use of an improper medical technique. Such large sums underline the serious repercussions that can result from negligent medical practices.
A variety of factors contribute to the occurrence of medical malpractice cases throughout Illinois. Some of the most prevalent causes include:
Failure to Diagnose – When healthcare providers misdiagnose or delay diagnosis, it can lead to severe health complications that may exacerbate a patient’s condition.
Surgical Errors – Mistakes occurring during surgical procedures, including the use of improper techniques, can have life-threatening consequences for patients.
Medication Errors – The administration of incorrect prescriptions or dosages can inflict serious harm and unintended side effects on patients, jeopardizing their well-being.
Birth Injuries – Instances of medical negligence during childbirth can result in long-lasting disabilities for newborns, impacting both their lives and the lives of their families.
To effectively curb the incidence of medical malpractice, Illinois has initiated several measures aimed at protecting patients:
Ultimately, Illinois medical malpractice suits can be quite complicated. Each suit and every injury is as unique as the patients themselves. You are in a much more secure position where you have an experienced medical malpractice attorney on your side. If you have suffered at the hands of a negligent doctor contact the Law Offices of Robert T. Edens, P.C. for a free consultation.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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