Illinois Lawyer Referrals and Legal Guidance
Frequently Asked Questions Of Illinois Medical Malpractice Attorneys
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- 1. What is medical malpractice in Illinois?
- Illinois law describes medical malpractice as any kind of treatment or accepted standard of medical care that causes harm to a patient.
- 2. How long does a patient have to file a lawsuit against the physician?
- Illinois law provides that the statute of limitation determines the amount of time a patient has to file a lawsuit against the physician. Generally Illinois law provides that the patient has two years from the date that he knew or should have reasonably known of the injury to bring suit against the physician. There are exceptions to this rule and any potential plaintiff should speak with an Illinois medical malpractice attorney as soon as possible or their case could be barred.
- 3. What must be shown to prevail in an Illinois medical malpractice case?
- Illinois law establishes that a patient must show: that the physician owed him a duty that was breached, that the patient suffered an injury and that the patient's injury was a proximate cause of such breach.
- 4. Howdoes a patient begin to initiate a medical malpractice claim?
- Illinois attorneys, including Chicago attorneys, will tell a patient that the first step is to hire an attorney to review the patient's case. This process includes reviewing medical records and other essential information. If the attorney feels the patient has a good chance to recover in this case, then the individuals being charged with the claim must receive written notice of the medical malpractice claim.
- 5. Does a consent form imply that a patient has waived his rights?
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