Doctors are liable for medical malpractice if they are negligent and cause you to suffer harm. The law in Illinois outlines specific criteria necessary to hold a doctor accountable for malpractice.

The Illinois civil jury instructions on professional negligence explain the physician’s professional obligation.

In most cases, all medical records associated with your treatment must be obtained to assess whether mistakes were made that give rise to a malpractice claim. Attorneys who focus on medical malpractice cases in Chicago can assist you in securing copies of treatment records. Witnesses to the treatment may also be subpoenaed and interviewed.

Medical records and statements must be evaluated by expert medical professionals to assess whether the care was reasonable or the physician was negligent. You may also need to undergo a medical examination to determine the impact of your treatment on your current health status.

The doctor or care provider who made a mistake may not be the only one to pursue a claim against.

Doctors may not always have sufficient funds to provide full compensation. You may need to take legal action against others, including the hospital, to have your losses fully covered.

Hospitals, health clinics and others who employ physicians can be held legally responsible in some cases. A hospital or healthcare center can be responsible if it was negligent in its policies or practices as compared to the standards set by a reasonably safe and effective health center in the area.

Hospitals and clinics can also be held responsible for actions and omissions of employees. If a nurse, doctor, orderly or other staff member was negligent when providing care to a patient in the ordinary course of work, the acts of the employee are treated as acts of the hospital. As a result, the hospital can be sued to provide broader compensation to ensure your losses are fully covered.

You need to gather evidence proving your care provider was unreasonably negligent and file a civil lawsuit within a specified time period – or else your claim will be barred.

Claims for medical malpractice typically must be filed within two years of the incident of medical negligence. Exceptions exist if the doctor’s mistake was not discovered immediately. In all cases, malpractice claims must be brought within four years of the incident.

A claim must be filed with the appropriate court. It must state a legal cause of action. In Illinois, you must also have an affidavit indicating your records and health status have been reviewed by a medical professional who has reason to believe the treatment you received could result in a successful medical malpractice claim. Illinois Law section 2-622 explains this requirement in detail.

During settlement negotiations, the insurance carrier will generally offer a designated amount of money in exchange for you giving up your right to pursue a lawsuit. If you accept, you may not change your mind even if it turns out that your injuries are more serious than you originally believed. This is why an attorney should review the settlement offer before you accept anything.

At trial, you must prove medical negligence by a preponderance of the evidence to obtain compensation. The jury will award damages only if you prove more likely than not that medical malpractice occurred.

Keep in mind: Settlement negotiations can continue even after your injury or wrongful death claim goes to court.