PART 2
Filing a medical malpractice lawsuit in Illinois involves compliance with a strict set of laws and guidelines. This includes filing within the two-year statute of limitations, as well as attaching an affidavit of merit to the complaint. Additionally, the burden of proof is on the plaintiff.
Burden of Proof
It can be extremely difficult to prove medical malpractice, but it is possible when proper supporting evidence is shown. The plaintiff will need to establish the basis for the claim, then prove malpractice or negligence.
Establish Doctor/Patient Relationship
It’s essential to prove the doctor/patient relationship existed wherein the doctor was hired to evaluate or treat the patient. This can pertain to any type of medical professional or service, from general practice to a specialization. The claim must be built on first-hand experience and not hearsay or secondary experience.
Prove Violation of Standard of Care
All medical professionals are held to certain standards of care. These include using acceptable treatments for diagnosed conditions, and providing an adequate level of care.
Prove Doctor’s Negligence Caused Injury
The personal injury you have sustained must be the result of the doctor’s medical negligence, and would not have happened if the doctor had met the standards of care. You have to prove the injury was caused by the negligence through expert testimony.
Prove Plaintiff’s Injury Led To Damages
Your injury must have directly led to specific damages that would not have otherwise happened. These damages may include:
- Decreased mobility
- Hardship
- Health issues
- Loss of income/missed work
- Loss of job
- Loss of limb or body part
- Pain
Common Types of Medical Malpractice Lawsuits
Most medical malpractice and negligence claims fall into one of the larger medical lawsuit categories. These three types of claims include:
- Failure to properly diagnose
- Improper treatment
- Failure to warn of treatment risks
Sometimes the claim may fall into more than one of these categories, potentially increasing the compensation you may be entitled to.
Any time someone is the victim of medical malpractice or negligence, action should be taken as soon as possible in order to have the best chance of a successful outcome. When searching for an attorney, always consult with an experienced attorney who specializes in medical malpractice.
