Illinois State Medical Negligence Laws You Must Know
What's most unfortunate is the fact that over 80% of those cases end with no result. This ill-fated statistic needs to be improved with better law enforcement against these medical malpractices and negligence.
The strict medical laws in Illinois have helped various patients who suffered due to medical malpractices. While every state has its own medical malpractice laws, Illinois dictates a number of different clauses depending on which, a patient is eligible to file a lawsuit. A clear understanding of these laws is imperative to propose a legitimate medical malpractice claim.
Prosecution for Medical Malpractice
If a patient being treated for a medical condition suffers adversely because of the negligence of the doctor, the nurse, the hospital, or other medical providers, they may be prosecuted for malpractice. Medical malpractices are a mainstay in personal litigation.
In Illinois, a case comes under the Medical malpractice prosecution if the malpractice happens by a doctor, a healthcare professional or even an institution, when the standards of taking care of a patient are breached, or when it causes an injury or the death of a patient.
Here are a few significant highlights of the medical negligence laws in Illinois that are most likely to affect a medical malpractice in the state:
Statute of Limitations
Establishing strict guidelines for filing a medical malpractice case, the Illinois statute of limitations refers to the deadline for the plaintiff to file a medical malpractice lawsuit against any healthcare provider. As compared to any other type of lawsuit, medical malpractice lawsuits have the most severe and the shortest statute of limitation rules.
In the state of Illinois, a medical malpractice lawsuit must be carried out within two years from the time patient becomes aware of the misconduct. A comprehensive limit of four years is granted from the date when the malpractice has occurred, irrespective of when a patient discovers the injury. In case the malpractice is discovered after four years of the medical act, the patient's plea will not be considered.
Also, the patient can't sue after two years of discovering the injury/problem that may have been caused as a result of malpractice. In cases where the plaintiff is less than 18 years old, the comprehensive limit is eight years or until the plaintiff attains the age of 22 years, whichever is earliest.
The fundamental rationale of the statute of limitation in Illinois is that all the citizens deserve the right to be free from the threat of litigation after a period of time and that it should not drain the resources of the court trying to prosecute cases that are too old.
No Damage Caps Post 2010
Before 2010, Illinois observed limits on how much can a plaintiff of medical malpractice case could recover as a result of non-economic damages (suffering and pain) after winning a lawsuit. However, this was considered unconstitutional and the damage cap was dissolved after the year 2010. As per the new law, there are currently no limits set on the amount or the type of medical malpractice damages in Illinois. However, the laws of the state are subject to change.
Certificate of Merit
In the state of Illinois, along with the initial complaint, the plaintiff is required to duly file a certificate of merit. In cases where the certificate of merit requirements is not met, the clause of the statute of limitations will continue to run until the certificate of merit clauses are duly congregated. However, a clause is provided for cases where the expiry of the statute of limitations is close. The clause states that the plaintiff is eligible to file an affidavit saying that there was not enough time to complete other requirements as the expiry date of the tenure was immediate.
Conclusion
The medical negligence laws in Illinois are strict and aim at providing justice to the sufferer. In case you know anyone, who has been injured or suffered adversely due to the medical negligence of a doctor, nurse, hospital, or other medical providers, then encourage him/her to contact a professional medical malpractice attorney. After proper analysis of the case, they may be able to help the victim in getting justice.