Because these cases are medically and legally demanding, careful review should occur before conclusions are drawn.
What Can Constitute Medical Malpractice?
Potential claims may involve delayed diagnosis, failure to diagnose, surgical error, medication error, improper treatment, failure to monitor, birth related injury, inadequate follow up, or another departure from the applicable standard of care.
The key questions usually include what the provider should have done under the circumstances, what was actually done, and whether any departure made a meaningful difference in the patient's outcome.
An adverse event, complication, or unsuccessful treatment does not by itself prove negligence.
Medical Records and Qualified Review Matter
Medical malpractice claims often require extensive review of records, imaging, laboratory results, medication records, operative reports, nursing documentation, and treatment chronology.
Illinois also imposes a specific filing requirement for healing art malpractice actions. A complaint generally must be supported by an attorney affidavit concerning consultation with a qualified health professional and a written report addressing whether there is a reasonable and meritorious cause for filing, subject to statutory exceptions and timing provisions.
That requirement is one reason these cases should be evaluated carefully before suit is filed.
Illinois Has Special Filing Deadlines
Medical malpractice claims are governed by special statutes of limitation and repose. In general, an action against covered health care providers must be brought within two years of when the claimant knew or reasonably should have known of the injury, subject to an outside four year repose period for many adult claims. Different rules can apply to minors and in other circumstances.
Those rules are technical, and exceptions can be important. Anyone considering a claim should not rely on a website to calculate a deadline and should instead contact a licensed attorney immediately.
What Damages May Be Available?
When malpractice is established, damages may include additional medical expenses, lost income, pain and suffering, disability, disfigurement, loss of normal life, and other harm caused by the negligent medical care.
The distinction between the patient's underlying condition and the additional injury caused by malpractice is often central. The claim should focus on harm that can be connected to the alleged departure from the standard of care.
How Our Office Approaches These Matters
Michael J. Lucas & Associates, LLC can review the chronology, obtain and organize records, identify the legal and medical issues, and determine whether additional professional review is appropriate. Not every concern will support a malpractice action, and part of careful representation is giving clients a realistic assessment of that distinction.
If you believe that negligent medical care caused a serious injury or death, our office can discuss the circumstances, explain the Illinois procedural requirements, and help you determine what further review may be appropriate.
Areas We Serve
Michael J. Lucas & Associates, LLC assists clients throughout Boone County, Cook County, DuPage County, Kane County, Lake County, McHenry County, and Will County.
Our office serves clients throughout Northern Illinois, including Addison, Algonquin, Antioch, Arlington Heights, Aurora, Barrington, Bartlett, Batavia, Belvidere, Bloomingdale, Bolingbrook, Buffalo Grove, Carpentersville, Cary, Chicago, Crystal Lake, Deerfield, Des Plaines, Downers Grove, Elgin, Elk Grove Village, Elmhurst, Evanston, Fox Lake, Fox River Grove, Frankfort, Geneva, Glen Ellyn, Glenview, Grayslake, Gurnee, Hanover Park, Hampshire, Harvard, Highland Park, Hoffman Estates, Huntley, Joliet, Lake Barrington, Lake Forest, Lake in the Hills, Lake Zurich, Libertyville, Lincolnshire, Lisle, Lockport, Lombard, Marengo, McHenry, Mokena, Mount Prospect, Mundelein, Naperville, New Lenox, Northbrook, Palatine, Park Ridge, Plainfield, Poplar Grove, Prospect Heights, Rolling Meadows, Romeoville, Roselle, Schaumburg, Shorewood, South Elgin, St. Charles, Streamwood, Sugar Grove, Vernon Hills, Waukegan, West Chicago, Wheaton, Wheeling, Wilmette, Winfield, Wood Dale, Woodridge, and Woodstock.