You can sue a doctor for negligence if their actions or failure to act caused you harm. These cases are known as medical malpractice claims and involve care that falls below accepted medical standards.
Not every bad outcome leads to a valid claim. Medicine is complex, and some results cannot be avoided. The key question is whether the care you received fell below what was expected and made your condition worse.
Understanding what qualifies as medical negligence and what evidence may be needed can help you determine whether you may have a case and what steps to take next.
When Can I Sue a Doctor for Negligence?
A poor outcome on its own is not enough to bring a claim. Medical malpractice cases focus on whether something went wrong that could have been prevented and whether that mistake led to real harm.
To determine whether you may have a medical malpractice case, you must show that a doctor was responsible for your care, made a preventable mistake, and that mistake caused your injury.
1. The Doctor Owed You a Duty of Care.
To prove that the doctor owed you a duty of care, you must be able to demonstrate the following:
- You had established a doctor-patient relationship.
- The doctor provided you with medical care.
When a doctor-patient relationship has been established, doctors must provide a reasonable standard of care. A reasonable standard of care is defined as the level of care a qualified physician would provide based on the patient’s needs and the available information.
2. The Doctor Breached the Duty of Care
Doctors breach the duty of care when they fail to provide a reasonable standard of care. This may occur when the doctor does any of the following:
- Fails to investigate symptoms
- Fails to monitor medical conditions
- Fails to order appropriate testing
- Delays testing
- Uses off-label prescriptions without advising the patient of the risks
- Fails to competently and timely address emergencies
- Fails to understand a patient’s history
- Prescribes inappropriate medications
- Makes assumptions about a patient’s conditions based on personal biases rather than listening to the patient’s concerns
- Fails to obtain informed consent
3. You Suffered an Injury
A medical error alone is insufficient grounds for filing a medical malpractice lawsuit. Before a doctor can be sued for negligence, you must be able to prove that the doctor’s breach of duty caused you to suffer an injury that you would not otherwise have suffered.
You can prove you suffered an injury by providing the following:
- Medical records
- Testimony by medical experts
- Testimony of friends, family members, and employers who can attest to your health status before the medical error occurred
- Visual evidence, such as scarring, casts, assistive devices, apparent disabilities, or disfigurement
- Cognitive function test results for injuries resulting in cognitive impairment
- Psychological or psychiatric test results for psychological injuries such as emotional distress
It is not unusual for a doctor’s insurance company to minimize your injuries to avoid paying compensation. Having as much evidence as possible to support your claims will ensure the court determines your injuries resulted from the doctor’s actions or inactions. Therefore, it is crucial that you follow through with medical treatment.
Our medical malpractice lawyers can retrieve your medical records and provide medical experts to examine you, interview you, and testify on your behalf to further support your claim. Our medical experts will be experienced in the field of medicine involved and will be able to identify how your doctor violated the reasonable standard of care.
4. The Breach of Duty Is the Proximate Cause of Your Injuries.
You must prove that your injuries were caused by the doctor’s breach of duty and not something else. The doctor’s insurance company will likely look for evidence that your injuries were caused by something else by looking for evidence of the following:
- Your injury preexisted the medical malpractice.
- You had a preexisting health condition that caused the injury.
- You were injured elsewhere.
- Your injury would have occurred even if the doctor had not been negligent.
- You are faking your injuries.
While these attempts by an insurance company can be upsetting, these are common tactics insurance companies use to avoid paying compensation. Our medical malpractice attorneys know how to refute these claims and ensure you receive the compensation you need and deserve.
What Is Considered Medical Negligence?
Medical negligence can take many forms, but it often involves a breakdown in communication, decision-making, or follow-through during your care.
Common examples of medical malpractice may include:
- A doctor dismisses ongoing symptoms like chest pain or severe headaches, leading to a missed diagnosis of a serious condition such as a heart attack or stroke.
- A surgeon performs a procedure on the wrong site or leaves a surgical instrument inside the body, causing preventable complications.
- A patient is prescribed medication that conflicts with an existing condition or prescription, leading to serious side effects that could have been avoided.
- A doctor receives abnormal test results but does not review or act on them, delaying diagnosis and treatment.
- A provider delays treatment in an emergency situation, allowing the condition to worsen.
- A patient undergoes a procedure without being fully informed of the risks, complications, or alternative treatment options.
How Illinois Laws Affect Your Medical Malpractice Case
Medical malpractice claims in Illinois are subject to rules that affect when and how a case can be filed. These requirements can impact your ability to move forward, even if you believe negligence occurred.
Understanding how these timelines and requirements apply can help you avoid missing important deadlines.
Affidavit of Merit
The Illinois medical malpractice law requires plaintiffs in a medical malpractice case to obtain an Affidavit of Merit before filing a case. This is a legal document that your attorney must sign. It states that a qualified physician practicing or teaching medicine in the same field as the defendant has determined in a written report that your case has merit, and a lawsuit is reasonable.
Statute of Limitations for Medical Negligence
The Illinois statute of limitations for most medical malpractice cases is two years from the date of the injury or from the date you discovered or should have discovered the injury. Illinois also imposes a statute of repose. In most cases, a medical malpractice action cannot be filed more than four years after the act or omission alleged to have caused the injury or death.
If the injury resulted in death, you have until the date the statute of limitations would have expired for the deceased had they lived or one year from the date of death, whichever is later.
There are some exceptions to the statute of limitations in cases involving children and people with disabilities who cannot file. For instance, for minors, Illinois generally allows up to eight years from the negligent act or omission, but the claim usually cannot be filed after the injured person turns 22.
Our medical malpractice attorneys can help you determine how the statute of limitations applies to your case.
It is important to contact an attorney as soon as possible after you are injured or discover an injury to ensure your attorney has sufficient time to thoroughly investigate your case and gather the required evidence ahead of the statute of limitations.
What Compensation Can You Recover for Medical Negligence?
If a doctor’s negligence caused you harm, you may be able to recover compensation for the losses you experienced.
Common types of damages may include:
- Costs related to additional treatment, hospital stays, rehabilitation, and ongoing care can be recovered.
- Lost wages and any impact on your future earning ability may be included in a claim.
- Compensation may be available for the physical pain and emotional distress caused by the injury.
- In cases involving lasting injuries, recovery may reflect how your condition affects your daily life moving forward.
Every case is different, and the value of a claim depends on how the injury has affected you. Speaking with a medical malpractice attorney can help you better understand what compensation may be available in your situation.
How Much Is a Medical Malpractice Case Against a Doctor Worth?
According to Forbes, the average medical malpractice award is $679,000 nationwide. According to The Telegraph, Illinois ranks sixth in the nation for nuclear verdicts, defined as verdicts higher than $10 million. Medical malpractice cases account for 40 percent of these verdicts.
Our attorneys know what it takes to win multi-million dollar settlements and verdicts. Below are a few examples of our successful results in medical malpractice cases against doctors:
- $40 million verdict on behalf of the now 19-year-old woman who suffered a severe and permanent brain injury during birth due to a delayed C-section delivery
- $27 million verdict on behalf of a child who suffered preventable HIE and asphyxia injuries at birth
- $17.7 million settlement for a former police officer who suffered a life-altering brain injury due to nursing staff negligence at a Chicago hospital.
- $14 million record verdict against a doctor and hospital for ignoring abnormal chest X-ray results, substantially delaying a lung cancer diagnosis
- $9 million birth injury settlement for the family of a baby who suffered permanent brain damage after a doctor failed to test the mother for Group B Strep Meningitis during pregnancy
- $8 million settlement due to a hospital’s failure to treat a kidney stone which led to a woman’s wrongful death
We handle each case with the same skill, dedication, and zeal as the above cases. We will not stop fighting until we win you full, fair, and complete compensation.
Can I Sue a Doctor that Lacks Medical Malpractice Insurance?
If you suffer an injury through medical malpractice, you can sue the doctor whether or not the doctor carries insurance. However, if you prevail, the proceeds you can collect will be limited to the doctor’s unprotected assets.
Illinois law does not require doctors to carry medical malpractice insurance. However, most practices and hospitals that employ doctors provide insurance or require doctors to carry it. In addition, many doctors carry medical malpractice insurance voluntarily to avoid exposing their assets in the event of a lawsuit.
How Levin & Perconti Can Help With Your Doctor Negligence Claim
If you have been injured because of a doctor’s negligence, you have a right to pursue significant damages. We are a full-service law firm, and we can help by providing the following services:
- Gather the medical records necessary to prove your claim
- Obtain expert witness testimony to support your claim
- Obtain and submit the required Affidavit of Merit
- File your lawsuit in a timely fashion
- Skillfully negotiate for a fair and reasonable settlement
- Persuasively present your case to a jury
Patients visit their health care providers believing that doing so will improve or maintain health. No one deserves to suffer an injury at the hands of a doctor. If your doctor has caused an injury through negligence, we want to help.
Contact Our Medical Malpractice Lawyers for Legal Help
Medical malpractice cases can be complex, and having the right legal team can make a meaningful difference in how your case is handled.
Levin & Perconti has recovered over $2 Billion in verdicts and settlements and brings more than 400 years of combined experience to medical malpractice cases. Our attorneys have handled some of the most serious and complex claims and know how to build strong cases supported by medical experts and evidence.
If you have questions about what happened or whether you may have a claim, speaking with a medical malpractice attorney can help you better understand your options.
You can call (312) 332-2872 or reach out online to discuss your situation.
