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Illinois law is complex and always changing. Our goal is to explain it the best we can. We realize, however, that the sheer amount of information can be overwhelming. Medical malpractice is no exception.

You can always give us a call, which is probably the quickest way to get your questions answered. You will speak with an Illinois attorney for free and usually right away. For those who prefer to do some research, we have a ton of pages on our site for you to read, and we add new pages all the time.

If you’re looking for an overview, here are some medical malpractice basics to get you started:

• Medical malpractice exists when a health care provider (doctor, nurse, radiologist, pharmacist, clinic, hospital) causes harm by acting below the standard of care. Examples include surgical errors, misdiagnosis, medication errors, failure to monitor, improper test evaluation, etc.
• Bad results aren’t necessarily malpractice. Sometimes people suffer harm even when doctors follow the proper standard of care. And mistakes aren’t always malpractice.
• The standard of care varies depending on the type of treatment, the facility, the location and the patient. It is established by expert testimony. The experts are health care providers in the relevant field. For example, an obstetrician would be a likely expert in a case involving a birth injury.
• Experts are expensive, and medical malpractice lawsuits require a lot of time and resources. It can cost $100,000 to pursue a medical malpractice case, the cost of which is covered by the law firm. For this reason, most medical malpractice lawsuits involve major injury or death. It’s difficult, if not impossible, to find an attorney willing to take a case for a minor injury.
• Medical malpractice attorneys charge on a contingency basis, which means they don’t get paid unless and until you win – either by settling or winning at trial. They are then paid a portion (generally a third) of what you recover.
• If you believe you are a victim of medical malpractice, look for an attorney who has the resources to aggressively pursue your case and who is willing to take your case to trial. This usually means hiring a big firm in a big city like Chicago. An attorney without significant resources may be too quick to settle your case in order to avoid the time and expense of trial.
• There is no way to accurately predict what any given case is worth, especially when it’s up to a jury. However, an experienced medical malpractice attorney will be able to explain all the variables (such as age, income, career, past and future medical costs) and how they may affect your case.
• You generally have two years to bring a medical malpractice lawsuit in Illinois. The clock starts ticking on the day you knew or should have known of the injury. The outside time limit is four years from the date of injury, although if you were under 18 when injured, you have eight years, with the outside limit being your 22nd birthday. These deadlines, called statutes of limitation, have exceptions, so check with an attorney.

These are just the basics. If you think you may have a medical malpractice case, set up an appointment with an experienced attorney to learn more. We can help you find the right attorney for your case, no matter where you live in Illinois. When you contact us, you will speak with an attorney (not a secretary or paralegal) usually right away and almost always within 24 hours. We will do whatever we can to point you in the right direction.