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Proving Medical Malpractice in Illinois

Written by: Michael J. Helfand

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Posted over 2 years ago. Applies to Illinois, 0 helpful votes, 0 comments

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Duty

You must prove that the provider (doctor, hospital, etc.) owed you a duty of care. This means that you can't hold them liable for hurting you unless the law says they were legally obligated to be careful with you. This is why you can't sue your mother's doctor, for example. She would have to sue; the doctor did not owe you a duty of care -- he owed her a duty of care. Basically, if a doctor-patient relationship exists, so does a duty.

Breach

You must prove that the provider breached, or violated, the duty. In medical malpractice, an important aspect of any case is establishing what the duty is. It depends on the type of provider and the type of treatment. It is based on what other doctors with similar training and in similar circumstances would have done. Medical experts are used to establish this duty, which is called the standard of care. Your doctor's actions are then compared to the standard. If they deviated from the standard, they are said to have breached their duty.

Causation

Next you must prove that the doctor's breach of duty actually caused your injury. While this may sound straightforward, in can be a deal breaker. Often, the doctor or hospital will try and prove that your injury was caused by something else, or that it was your fault and not theirs. For example, if your doctor prescribed the wrong medication for your condition and you got sick, you will have to prove that your sickness was a result of this error and not just a symptom of your original condition. Again, medical experts are key.

Damages

To win a medical malpractice lawsuit, you need to prove damages (another word for harm). You have to show that the doctor's actions caused an injury. Even if the doctor's actions were dangerous and appalling, if you were not injured as a result, you will not have a case. Damages can be economic, such as medical bills, and non-economic, such as pain and suffering. Illinois puts no limit on economic damages; non-economic damages are capped at $500,000 against doctors and $1,000,000 against hospitals.

Additional Resources

Proving these legal points is just one aspect of an Illinois medical malpractice claim. Even if you can prove all four, you have to consider whether you will recover enough to outweigh the stress and uncertainty of a lawsuit. We only recommend attorneys who will be honest and upfront about all the pros and cons of pursuing a claim. Contact us for a referral to an experienced medical malpractice attorney in the Chicago area.

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