What are the Elements of a Medical Malpractice Claim in Illinois?

When you are literally putting your life in the hands of another person, you should be able to trust them completely. Unfortunately, the trust between a doctor and patient is sometimes broken.

Everyone makes mistakes – even doctors – but medical professionals are held to a higher standard because of the level of responsibility that they have to provide care that protects a patient’s health and well-being. Medical malpractice occurs when a doctor fails to meet these standards and causes harm to a patient through their negligence. There are certain elements that you must prove in order to have a case for medical malpractice.

Three Components of Medical Malpractice Cases in Illinois

Medical malpractice litigation in Illinois is a complex and highly specialized area of law, meticulously designed to provide recourse for patients who have suffered harm due to substandard medical care. 

The core of any successful medical malpractice cases in Illinois rests upon establishing three fundamental components: a violation of the standard of care, an injury directly caused by that violation, and demonstrable damages resulting from the injury. Each of these elements must be proven with a high degree of certainty, often through the testimony of expert medical professionals, to meet the stringent requirements of Illinois law.

I. Violation of the Standard of Care

The concept of a “standard of care” is crucial in Illinois medical malpractice law. It refers to the level of skill, care, and diligence that a reasonably careful and competent healthcare professional would exercise under the same or similar circumstances. 

This standard for medical malpractice cases is not one of perfection, but rather one of reasonable practice within the medical community. When a healthcare provider deviates from this accepted standard, and that deviation causes harm to a patient, it can form the basis of a medical malpractice claim.

In Illinois, establishing a violation of the standard of care almost invariably requires expert testimony. This is because the intricacies of medical practice are generally beyond the common knowledge of laypersons (jurors). 

A qualified medical expert, typically a physician practicing in the same or a similar specialty as the defendant, will testify as to what the appropriate standard of care was under the circumstances and how the defendant’s actions (or inactions) fell below that standard. Illinois courts have consistently held that a plaintiff must present such expert testimony to establish the professional standard of care and the defendant’s deviation from it, unless the negligence is so grossly apparent that a layperson would have no difficulty perceiving it (a rare exception).

Examples of actions that can constitute a violation of the standard of care in Illinois are numerous and varied:

Misdiagnosis or Failure to Diagnose

This is a frequent basis for medical malpractice claims. It occurs when a healthcare provider fails to identify a patient’s true medical condition, or delays in doing so, when a reasonably competent physician would have made the correct diagnosis in a timely manner. The failure to order appropriate diagnostic tests, misinterpreting test results, or overlooking obvious symptoms can all contribute to a misdiagnosis claim. For instance, an Illinois case might involve a physician failing to diagnose a rapidly progressing cancer despite clear warning signs, leading to a poorer prognosis for the patient.

Failure to Order Tests or Act on Test Results

Illinois law holds healthcare providers accountable for failing to utilize available diagnostic tools or for disregarding critical information derived from those tools. If a physician fails to order necessary tests, such as imaging scans or lab work, when indicated by the patient’s symptoms or medical history, it can be a breach of the standard of care. Similarly, if test results indicate a serious condition requiring immediate attention, and the physician fails to act on those results (e.g., failing to inform the patient, initiate treatment, or refer to a specialist), this can also constitute negligence.

Not Following Up

Proper patient follow-up is crucial for effective medical care. In Illinois, a physician’s failure to adequately monitor a patient’s condition, adjust treatment plans as needed, or schedule subsequent appointments to assess progress can be deemed a deviation from the standard of care. This is particularly relevant in chronic conditions or after significant medical interventions.

Misprescribing Medication

Medication errors are a significant source of medical malpractice claims. This can include prescribing the wrong medication, the wrong dosage, failing to check for drug allergies or dangerous drug interactions, or failing to provide adequate instructions on medication use. An Illinois physician prescribing a medication that is contraindicated for a patient due to a known allergy, leading to a severe adverse reaction, would likely be found to have violated the standard of care.

Leaving Items Inside a Patient During Surgery

This is an egregious and almost universally recognized form of negligence. Leaving surgical sponges, instruments, or other foreign objects inside a patient’s body after surgery is a clear violation of the standard of care, and in Illinois, often falls into the rare category where expert testimony might not be strictly necessary due to the obvious nature of the error.

It’s important to note that a mere bad outcome does not automatically equate to a violation of the standard of care in Illinois. Medicine is inherently uncertain, and even with the best care, negative results can occur. The focus in a medical malpractice case is on whether the healthcare provider acted competently and reasonably, not whether the outcome was perfect.

II. Injury Was Caused by the Violation

Even if a clear violation of the standard of care can be established, an Illinois medical malpractice case cannot succeed without demonstrating a direct causal link between that violation and the patient’s injury. This is known as “proximate causation.” The plaintiff must prove that “but for” the defendant’s negligence, the injury would not have occurred. This means negligence must have been a substantial factor in bringing about the harm.

Establishing causation can be one of the most challenging aspects of a medical malpractice case in Illinois, particularly when a patient has pre-existing conditions or multiple contributing factors to their injury. Again, expert medical testimony is almost always essential to establish this causal link. The medical expert will need to explain, with a reasonable degree of medical certainty, how the defendant’s deviation from the standard of care directly led to the patient’s adverse outcome.

Consider these scenarios in an Illinois context:

Misdiagnosis and Delayed Treatment

If a physician misdiagnoses a rapidly progressing disease, and this misdiagnosis leads to a significant delay in appropriate treatment, an Illinois court would require evidence that this delay directly worsened the patient’s prognosis or caused additional harm that could have been avoided with timely and correct diagnosis. For instance, if a delayed cancer diagnosis resulted in the cancer progressing to an inoperable stage, the causation element would likely be met.

Surgical Error

If a surgeon negligently severs a nerve during an operation, causing permanent paralysis, the causation is relatively straightforward. The nerve damage is directly attributable to the surgeon’s negligent act.

Medication Error

If a patient suffers kidney failure due to a negligently prescribed medication, the plaintiff must prove that the medication, and specifically the improper prescription, was the direct cause of the kidney failure, and not some other underlying health condition or concurrent factor.

Illinois law requires a showing that the injury was not merely a possible consequence of the negligence, but rather a probable or more likely than not consequence. This often involves comparing the patient’s actual outcome with what their outcome would likely have been if the appropriate standard of care had been followed.

III. Damages Resulted From the Injury

The final component of an Illinois medical malpractice case is the existence of demonstrable damages resulting from the injury. Even if negligence and causation are proven, if the patient has not suffered actual, quantifiable harm, there is no basis for a lawsuit. Furthermore, due to the substantial costs associated with litigating medical malpractice cases in Illinois (including expert witness fees, discovery costs, and attorney time), it is generally not economically viable to pursue a claim unless the damages are severe and extensive.

Illinois law allows for the recovery of various types of damages in medical malpractice cases, broadly categorized as economic and non-economic damages:

• Economic Damages: These are quantifiable financial losses directly resulting from the injury. They are designed to compensate the plaintiff for out-of-pocket expenses and lost earnings. Examples include:
  • Significant Medical Bills: This is often a primary component of economic damages. It includes costs for past and future medical treatment, hospital stays, surgeries, medications, rehabilitation, physical therapy, and assistive devices necessitated by the injury. In Illinois, these bills must be reasonable and necessary to treat the injury caused by the malpractice.
  • Loss of Income/Earning Capacity: If the injury prevents the patient from working, or diminishes their ability to earn a living, they can claim compensation for past lost wages and future lost earning capacity. This requires an assessment of the patient’s earning potential before and after the injury, often with the assistance of economic experts.
• Non-Economic Damages: These are more subjective and compensate the plaintiff for intangible losses. Illinois law places specific restrictions on non-economic damages in medical malpractice cases, which have been subject to significant legal challenges over the years. Examples include:
  • Suffering: This encompasses the physical and emotional pain and discomfort experienced by the patient as a result of the injury. It is a broad category that can include pain from surgeries, chronic pain, and the general unpleasantness of living with an injury.
  • Hardship: This refers to the impact of the injury on the patient’s daily life and activities. It can include the loss of enjoyment of life, inability to participate in hobbies, and the general disruption to one’s normal routine.
  • Extreme or Constant Pain: This is a specific subset of suffering, emphasizing the severity and persistence of the physical discomfort.
  • Permanent Disability/Disfigurement: If the injury results in a permanent physical impairment or disfigurement, the patient can seek compensation for the long-term impact on their quality of life, mobility, and appearance.

It’s crucial to understand that Illinois has a “statute of limitations” and a “statute of repose” for medical malpractice cases. Generally, a lawsuit must be filed within two years of the date the claimant knew or should have known of the injury, but in no event more than four years after the date on which the act or omission occurred, with specific exceptions for minors. Failure to adhere to these deadlines can result in the permanent bar of a claim, regardless of the merits.

Successfully navigating a medical malpractice claim in Illinois requires a meticulous and often arduous legal process. It demands compelling evidence of a healthcare provider’s deviation from the accepted standard of care, a clear causal link between that negligence and the patient’s injury, and substantial, quantifiable damages. 

The intricate nature of medical science and the stringent legal requirements necessitate the involvement of legal counsel and qualified medical experts to ensure that victims of medical negligence can seek the justice and compensation they deserve under Illinois law.

Medical Malpractice Statute of Limitations in Illinois

The complexities of medical malpractice claims can be daunting, especially when considering the strict legal deadlines that govern such cases. In Illinois, as in other states, these deadlines are known as the “statute of limitations” and the “statute of repose.” 

These laws are crucial because they dictate the timeframe within which a lawsuit must be filed. 

Missing these deadlines, even by a single day, typically results in the permanent loss of the right to pursue a claim, regardless of the merits of the case. Understanding these time limits is paramount for anyone considering a medical malpractice lawsuit in the state.

The Standard Two-Year Rule

The general rule in Illinois for filing a medical malpractice lawsuit is two years. 

This period typically begins from the date the injury occurred or the date the plaintiff “knew or reasonably should have known” of the injury and that it was caused by the wrongful act of a medical professional. 

This “discovery rule” is critical, as medical injuries are not always immediately apparent or traceable to a specific act of negligence. For instance, if a surgical instrument is left inside a patient, the injury might not be discovered until months or even years later.

The Discovery Rule Exception: Four-Year Limit

While the “discovery rule” allows for flexibility in the starting point of the two-year clock, Illinois law also imposes an absolute outer limit. 

Even if an injury is not discovered until much later, a medical malpractice lawsuit generally cannot be filed more than four years after the date on which the act, omission, or occurrence alleged to have caused the injury happened. 

This four-year limit acts as a cap on the discovery rule, preventing claims from being brought indefinitely far into the future. It’s a crucial point that differentiates the discovery of injury from the actual negligent event.

The Statute of Repose: Eight-Year Absolute Deadline

Beyond the four-year cap for discovery, Illinois has an even more stringent deadline known as the “statute of repose.” 

This rule states that in no event can a medical malpractice action be commenced more than eight years after the date on which the act or omissio,n or occurrence alleged to have caused the injury occurred. This eight-year period is an absolute bar, meaning it applies regardless of when the injury was discovered or even if it could not have been discovered within that time. It provides a definitive end to the potential liability period for healthcare providers.

Special Rules for Minors

The rules are different when the injured party is a minor. If the medical malpractice occurred when the plaintiff was under the age of 18, they generally have until their 22nd birthday to file a lawsuit. 

This means that the standard two-year, four-year discovery, and eight-year repose periods do not apply in the same way. Instead, the clock essentially pauses until the minor reaches adulthood, providing them with ample time to pursue a claim once they are legally able to do so. This provision recognizes that children cannot make legal decisions on their own behalf.

Special Rules for Persons with Disabilities

Illinois law also provides some allowances for individuals who are under a “legal disability” at the time the medical malpractice occurs. 

This typically refers to individuals who are mentally incapacitated and therefore unable to manage their own affairs or understand their legal rights. In such cases, the statute of limitations may be extended until two years after the disability is removed. However, there may still be an outer limit, often aligning with the eight-year statute of repose, even for those with disabilities.

Key Considerations and Exceptions

It’s important to note that certain specific circumstances can impact these timelines. For example, if a healthcare provider fraudulently concealed the medical error, the statute of limitations might be tolled, or paused, until the fraud is discovered. 

Similarly, in cases of continuous treatment for the same condition, the “occurrence” date for the statute of limitations might be considered the last date of treatment, rather than an earlier date. These exceptions are complex and highly fact-dependent, making legal advice essential.

A Cook County Medical Malpractice Lawyer Can Help

Medical malpractice can be devastating because you have placed so much trust in a doctor who failed you. If you believe you are a victim of medical malpractice in Illinois, you may be able to recover damages that address the personal and financial impact of the injuries you have suffered. A compassionate Orland Park medical malpractice attorney can help you determine if you have a case for medical malpractice. The Fotopoulos Law Office has experience and a proven track record in multiple medical malpractice cases, and we can help you recover the compensation you deserve. Call our office at708-942-8400 to schedule a free consultation.

Sources:

What is Medical Malpractice?

Medical Malpractice