The introduction to Illinois Pattern Civil Jury Instruction 105.00 notes that the term “malpractice” was used in prior editions of the jury instructions relating to negligence actions brought against professionals—including doctors and others. The Supreme Court Committee on Jury Instructions in Civil Cases stated, however, that it believes that “professional negligence” more accurately describes cases predicated on a failure of the professional to conform to the appropriate standard of care.
Medical malpractice claims in Illinois generally require plaintiffs to prove all four of the following elements:
- Duty — to conforming (or to exercise) to the standard of care set by those in the medical community or specialty in which the physician's treatment is measured;
- Breach of Duty — that the physician deviated from this standard of care;
- Injury — that a resulting injury was proximately caused by the deviation from that standard of care; and
- Damages — that the injury caused by the deviation from that standard of care resulted in the victim suffering physical, financial, psychological, and/or other types of damages.
Medical malpractice lawsuits can be extremely complicated, and victims only have a limited amount of time to take legal action. 735 Illinois Compiled Statute 5/2-1118 establishes that any defendants found liable in any medical malpractice action based on negligence are jointly and severally liable, meaning that in cases involving multiple defendants, plaintiffs can recover damages from all of the defendants or one of the defendants if the other defendants are unable to pay damages.
Attorney for Medical Malpractice in Chicago, IL
Did you suffer catastrophic injuries or was your loved one killed because of medical malpractice anywhere in the Chicagoland area? You should avoid speaking to any insurance company representatives until you have retained legal counsel. Contact Susan E. Loggans & Associates today.
Susan E. Loggans is an experienced personal injury lawyer in Chicago who represents clients in Calumet City, Chicago, Des Plaines, Berwyn, Burbank, and many surrounding areas in and around Cook County. Our attorney can review your case and help you understand all of your legal options when you call (302) 201-8600 to take advantage of a free initial consultation. Susan E. Loggans & Associates represents clients on a contingency fee basis, so you will not pay us one cent if you do not receive a financial award.
Overview of Medical Malpractice in Cook County
- What are the most common medical malpractice cases in Chicago?
- How long do victims have to take legal action?
- Are there limits on the amount of compensation that can be recovered?
- Where can I find more information about medical malpractice in Chicago?
People seek many different forms of medical care in the Chicago area, and the possible complications arising from such procedures can vary just as much depending on the age and physical condition of the victim involved. Susan E. Loggans & Associates handles many different kinds of medical malpractice cases.
Some of the most common issues our firm assists people with include, but are not limited to:
- Prescription Errors
- Drug Recall
- Preventable Hospital Infections
- Failure to Treat / Improper Treatment
- Surgical Errors
Under 735 Illinois Compiled Statute 5/13-112(a), no action for damages for injury or death against any physician, dentist, registered nurse, or hospital duly licensed under the laws of this State arising out of patient care can be brought more than two years after the date on which the claimant knew or should have known of the existence of the injury or death, whichever date occurs first. In no event can such an action be brought more than four years after the date on which the act or omission occurred.
735 Illinois Compiled Statute 5/13-112(b) states, however, that the statute of limitations is extended to eight years when the claimant was, at the time the cause of action accrued, under the age of 18 years. No such claim, however, can be filed after the minor claimant’s 22nd birthday. If such a minor is, at the time the cause of action accrued, under a legal disability other than being under the age of 18 years, 735 Illinois Compiled Statute 5/13-112(c) establishes that the period of limitations does not begin to run until the disability is removed.
Illinois does not have any caps on economic or noneconomic damages in medical malpractice cases. Economic damages refer to compensation for calculable financial losses for victims, such as past and future medical bills and lost wages. Noneconomic damages refers to compensation for harm that cannot be quantified, such as pain and suffering or emotional distress.
735 Illinois Compiled Statute 5/2-1115, however, states that punitive, exemplary, vindictive, or aggravated damages—damages awarded solely to punish defendants for particularly egregious conduct—are not allowed in medical malpractice cases.
Public Health Institute of Metropolitan Chicago (PHIMC) — The PHIMC is a nonprofit organization that “works in collaboration with public health agencies and non-governmental organizations to enhance the health of communities in the greater Chicago Metropolitan area by building effective public health capacity.” Use this website to learn more about PHIMC’s story, mission, partners, and people. The website also features recent news and information about many different PHIMC initiatives.
Public Health Institute of Metropolitan Chicago
180 N. Michigan Ave., Suite 1200
Chicago, IL 60601
Chicago Medical Society (CMS) — The CMS is a nonprofit professional organization with the mission, “To provide medical professionalism, medical education, public health and to provide the highest level of assistance and information to its members.” Visit this website to learn more about the organization and its different committees and districts. You can also find information about education, upcoming events, and recent news.
Chicago Medical Society
515 N. Dearborn St.
Chicago, IL 60654
Illinois Public Health Association (IPHA) — The IPHA identifies itself as “the oldest and largest public health association in the State of Illinois” and “widely recognized as a leader in the field of public health advocacy, health education and promotion.” On this website, you can learn more about various IPHA projects, upcoming events, and evaluations. You can also find press releases and news relating to legislation and policy resolutions.
Susan E. Loggans & Associates | Chicago Medical Malpractice Lawyer
If you sustained severe injuries or your loved one was killed in Cook County as the result of medical malpractice or professional negligence, it is in your best interest to seek legal representation as soon as possible. Susan E. Loggans & Associates represents individuals in communities throughout northern Illinois, such as Elmhurst, Evanston, Oak Forest, Park Ridge, Elgin, and several others.
Chicago personal injury attorney Susan E. Loggans will work the foremost experts in investigating your claim and then fight to get you all of the compensation you are entitled to. Call (302) 201-8600 or submit an online contact form to have our lawyer provide a complete evaluation of your case during a free, no-obligation consultation.