What are the Grounds for a Medical Malpractice Lawsuit?

One of the questions a Chicago medical malpractice lawyer hears most often from potential plaintiffs is, “Do I have a case?”

Certainly, a patient may feel unsatisfied, disappointed or even deeply unhappy with the results of a course of medical treatment. However, that in itself is not enough to warrant a medical malpractice claim. Basically, two criteria must be met for your situation to qualify as grounds for a malpractice suit:

  • Your health care provider negligently failed to meet the accepted standards of care for your condition.
  • You (or, in the case of a birth injury claim, your baby) sustained some form of injury because of that breach of care.

Illinois law also provides a statute of limitations for medical malpractice lawsuits. Generally, you must file your claim no more than two years after the event that caused your injury, or within four years, if the injury could not reasonably be discovered until sometime after it occurred. There are exceptions to this general rule in the case of children and certain other circumstances.

Given that most people are not medical experts, it can be difficult to determine whether your health care provider did what is appropriate in your situation, or if he or she failed to do what a competent doctor would do under similar circumstances. An experienced medical malpractice lawyer in Chicago knows how to uncover these facts by asking the right questions and consulting appropriate medical experts to determine the merits of your case.

Do you have a case? With 65 years of experience in medical malpractice cases, the attorneys of Phillips Law Offices are ready to assist you in answering that question.