Medical 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 medical malpractice lawyer to pursue a successful claim against the negligent party.
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:
The standard of care (or duty) a defendant owes to their patient
The defendant deviated from the standard of care (breach of duty)
The resulting injury was caused due to that breach of duty
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.
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 medical malpractice attorney.
Medical malpractice is a pervasive issue in Illinois, deeply affecting patients and the healthcare system. Each year, thousands of cases are reported, underscoring the critical need for awareness and proactive measures to enhance patient safety. By examining the most recent statistics and trends, we can better understand the landscape of medical malpractice in the state.
From 2020 to 2024, healthcare providers in Illinois faced considerable scrutiny, with a staggering total of 5,944 adverse action reports filed against them. These reports encompass various disciplinary actions taken by regulatory bodies against medical professionals, ranging from license suspensions to revocations, often due to negligence or ethical violations.
Additionally, there were 1,801 medical malpractice payment reports during the same period, highlighting the financial settlements reached in cases where patients sought compensation for harm caused by malpractice. In just the year 2023, Illinois reported 1,510 adverse action reports and 473 medical malpractice payment reports.
The data revealed that the most frequent allegations leading to malpractice cases were failure to diagnose conditions correctly and improper performance of medical procedures. These statistics emphasize the critical areas where healthcare providers must improve to avoid endangering patient health.
The financial repercussions of medical malpractice are substantial. The average medical malpractice settlement in Illinois for the year 2023 reached $661,666, making the state rank seventh in the nation for total payouts related to malpractice claims. This figure reflects not just the compensation awarded to victims, but also the broader impact on healthcare costs and the insurance industry.
In light of this, some of the largest malpractice settlements in Illinois history have been eye-catching—one notable case involved a staggering $37.5 million payout in 2024 due to an improper medical technique during a procedure that led to significant patient harm.
A variety of factors contribute to medical malpractice claims in Illinois, with the following being the most prevalent:
Failure to Diagnose – When healthcare providers fail to identify a medical condition correctly—either through misdiagnosis or delayed diagnosis—it can lead to serious health complications or worsen the patient’s condition. For example, late-stage cancer diagnoses often occur due to initial misinterpretations of symptoms.
Surgical Errors – Surgical mistakes encompass a wide range of issues, from performing the incorrect procedure to accidents such as leaving instruments inside a patient post-surgery. These errors can lead not only to immediate health risks but also to long-term disabilities.
Medication Errors – Incorrect prescriptions, dosages, or administering the wrong medication can result in severe health consequences. These types of errors are particularly critical, as they can occur in busy hospital settings or during routine healthcare visits, demonstrating the importance of precise communication and verification.
Birth Injuries – Medical negligence during childbirth can have devastating effects, leading to long-term disabilities for newborns. Issues such as improper monitoring during labor or failure to respond to distress signals can result in conditions like cerebral palsy or other developmental delays.
Recognizing the gravity of these issues, Illinois has instituted several measures aimed at reducing incidents of medical malpractice. Efforts include:
Stricter Regulations for Healthcare Providers – The state has enhanced licensure requirements and ongoing education for healthcare professionals to ensure they stay current with best practices and advances in medical care.
Enhanced Patient Safety Protocols – Hospitals and clinics are implementing more robust safety protocols designed to minimize errors, such as mandatory checklists before surgeries and improved record-keeping systems to track medications.
Legal Protections for Victims – To support patients impacted by malpractice, Illinois has established legal frameworks that allow victims to seek compensation for their injuries. This includes provisions that facilitate the reporting of malpractice incidents and streamline the claims process.
Understanding the statistics surrounding medical malpractice in Illinois is crucial for patients as they navigate their healthcare choices. By being informed, patients can advocate for their rights and encourage accountability within the medical field. If you or a loved one has experienced medical negligence, consulting with a knowledgeable legal professional can provide guidance and help you pursue the justice and compensation you deserve
A competent medical malpractice 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.
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 experience medical malpractice lawyer.
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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