Obtaining compensation for medical malpractice is dependent upon several factors:
- The medical malpractice claimant must be able to establish the following:
- A doctor-patient relationship was established.
- The doctor was negligent.
- The doctor’s negligence caused injury.
- The injury caused by negligence directly resulted in specific damages.
- The medical malpractice claim must be filed within a certain time of when the injury was discovered or should have reasonably been discovered. That time varies.
- The amount of compensation an injured patient is eligible to receive may be diminished if they share fault for their injuries. If the injured patient is more than 50 percent at fault for their injuries, they may not be able to seek compensation in a medical malpractice claim. This is known as contributory negligence or comparative negligence.
- The medical malpractice claim must include testimony from an expert witness.
- The State of Illinois currently has no caps on damages that can be recovered.
- You cannot seek punitive damages as part of a malpractice claim in Illinois.
Medical malpractice laws in Illinois are complex. It is imperative to seek the assistance of an experienced medical malpractice lawyer if you believe you have suffered injury as the results of a doctor’s malpractice.
At Donald A. Shapiro, Ltd., we have over 30 years of experience holding negligent medical professionals accountable for their actions. We have the skills and resources to confront large medical institutions with aggressive tactics that have enabled us to obtain record-breaking verdicts for our clients. If you are in need of legal assistance for a medical malpractice claim or have questions about medical malpractice law in Illinois, contact us to schedule an appointment for a free consultation.