Medical Malpractice FAQ

Do I have a case?

There are two elements that must be proved to have a medical malpractice case.

• First, the health care provider must have acted negligently. This means that the health care provider deviated from the normal standard of care for that particular type of medical provider. A medical provider includes hospitals, medical doctors, osteopaths, chiropractors, and most other types of health care professionals.
• Second, you must show that the damages were "proximately" caused by the malpractice. To ensure that your situation meets these requirements, consult with an experienced medical malpractice attorney.

How long do I have to decide to file a law suit?

Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury. There are many exceptions that apply to this rule so contact an attorney to make sure that you file your claim within the necessary time-frame.

Can the hospital be sued if the doctor is an independent contractor at the hospital?

A hospital is liable for the acts of an independent contractor physician if 

The hospital represents to the public that the physician is it's agent or employee

The hospital acquiesces in the physician's negligent conduct, and

The plaintiff reasonably relied upon the acts of the hospital.

Do I have to pay back my health, workers compensation and disability insurance out of the settlement of my medical malpractice case?

Illinois has adopted a modified collateral source rule applicable to medical malpractice cases only. If the losing medical provider applies within 30 days after judgment, the judgment against the medical provider will award will be reduced. Contact an attorney for the reduction percentages.

Are doctors who work for a public hospital protected by Governmental Immunities?

Medical negligence claims against physicians employed at state medical facilities are not considered to arise from their employment, but from their individual duties to their patients. Such actions are not subject to governmental immunity and may be brought in the Circuit Court.

The Act reduces the limitations period in actions brought against a local entity or its employees to one year from the date the injury was received or the cause of action accrued.

What is "Informed Consent?"

The doctrine of informed consent is a unique area of malpractice litigation. It does not follow strict negligence principles, in that the plaintiff need not show that the health care provider was negligent in failing to obtain his/her consent to treatment. The law grants to the patient the right to choose whether to obtain medical treatment and requires that a health care practitioner provide the patient with accurate information as to diagnosis and treatment. Failure to provide that information is a violation of the patient's rights and can substantiate a malpractice claim.