As medical malpractice lawyers working with clients throughout the state of Illinois, the attorneys at Lipkin & Apter have a deep and profound understanding of Illinois medical malpractice law. With over 20 years experience in medical negligence and malpractice law, we have worked with a number of clients to help them not only understand the legal implications of these complicated topics, but their legal rights as well. Let's take a look at the basics of Illinois medical malpractice law:
What is Medical Malpractice?
In Illinois, medical malpractice occurs when an injury or death happens after treatment by a healthcare professional (doctor, nurse, therapist, etc.) or institution violates the established standards and practices other health professionals would uphold when treating a patient presenting with similar symptoms or complaints. Learn more about Illinois medical malpractice cases in our video featuring personal injury attorney Mitchell Lipkin:
What is considered as Treatment?
This is a controversial question, as "treatment" can range from misdiagnoses to medical delays to incorrect prescription orders. The details of your medical malpractice case are unique to your situation, speak with a legal professional for more information on this.
What are the Statute of Limitations for Medical Malpractice cases in Illinois?
While every state is different, in Illinois, a patient with a medical malpractice complaint has two years from the time the patient knew or should have known about the injury to file a lawsuit. Those under the age of 18 have up to eight years to file a medical malpractice suit, as long as the case is filed before the patient turns 22.
Does Illinois limit damages in medical malpractice cases?
When a patient files a medical malpractice lawsuit in Illinois, they are seeking damages, a monetary award to compensate for the medical bills, lost wages, pain and suffering caused by the injury. While other states limit the amount of damages a medical malpractice patient can receive, there are no such limits on compensatory damages (damages towards medical bills or wages lost due to missed work) in the state of Illinois, though there are limits on non-economic damages (awards towards pain and suffering claims). Illinois medical malpractice law does not allow patients to see punitive damages, aimed at punishing health care professionals and institutions.
Are there limits on lawyers' fees in medical malpractice cases?
In the state of IL, medical malpractice lawyers are limited to charging 33 1/3% of the first $150, 000.00 recovered in a case, 25% of the next $850,000.00 and 20% of any damages awarded to the patient over $1 million.
To learn more about your legal rights and medical malpractice law, contact the attorneys at Lipkin & Apter and set up a free consultation. An experienced attorney will be happy to discuss your case.