How long do I have to sue? A medical malpractice Law suit must be filed within two years of the negligence or within two years from when you knew or should have known of the alleged negligence not exceed four years from the date of the alleged negligence. Do I have a Medical Malpractice case? In Illinois the law requires another doctor fill out an affidavit stating that a case has some reasonable basis. A lawyer is not actually allowed to determine if a case has basis to proceed. What is the process to find out if I have a Medical Malpractice case? Typically after retaining a lawyer The first thing to do is get the medical records. Then these records are reviewed by a doctor to determine whether there has been any medical malpractice. What is the Charge for Medical Malpractice case? They are handled on a contingent fee basis. In Illinois there are caps on the amount an attorney can charge for his fee in a medical malpractice case. The statute regulates all attorneys. How can I find out if a Doctor has been sued for Medical Malpractice previously? There are many ways to investigate this one very simple way it to go to a courthouse in the county the Doctor practices medicine and check his name. Can I sue for being misdiagnosed or delay in diagnosis? Yes. This can often cause a delay in the proper treatment or an extended period of pain that was unnecessary. It could even cause a condition to get worse such as cancer. Can I make claim for a medication errors? Yes. Improper administration of medication cause just as much harm or damage as the initial problem or make the initial problem worse. There are cases were the records are clearly marked not to give patient a specific medication because of an allergy and the doctor, hospital pharmacy or nurse does it anyway.
Are there caps on Medical Malpractice Cases in Illinois? No. There are some states but not in Illinois. There is a cap on the fees an attorney can charge.
What do I have to prove to win my case? The health care provider was Negligent or deviated from the standard of care. That proximately caused an injury. That you were damaged.
Am I entitle to a copy of my records? Under Illinois law you are entitled to copies of your records the Health care provider may charge you but they cannot withhold them from you. Can I sue for an injury to a loved one? Children sue for injuries to loved one's injured in nursing homes all the time. Mother's and Father's sue for injuries to their children. Types of case Medical Malpractice - Wrongful Death Cases
- Baby Injury
- Birth Injury
- Medication Injury
- Surgery negligence
- Retardation
- Misdiagnosis
- Anesthesia negligence
- Operating Room Injury/Death
- Failure to diagnosis cancer
- Delay in diagnosis of cancer
- Failed surgery
- Mental Retardation
- Cerebral Palsy
- Product injury
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2009 by Neil H. Good. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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