Understanding Medical Negligence in Illinois
Medical negligence or medical malpractice occurs when healthcare providers fail to meet the standard of care, leading to patient harm. In Illinois, this is known as a breach of duty owed to patients, resulting in injury and damages. Common types of medical negligence often occur, because of mistakes in hospitals, clinics, nursing homes and private medical practices. Among the most frequent are:
Surgical Errors: These include operating on the wrong site, leaving instruments inside the body, or improper post-operative care, which can cause infections, organ damage or even death.
Medication Errors: Mistakes in prescribing, dosing, or administering drugs, leading to allergic reactions, overdoses, or harmful interactions.
Birth Injuries: Negligence during pregnancy, labor, or delivery, such as delayed C-sections or misuse of tools like forceps, resulting in conditions such as cerebral palsy.
Anesthesia Errors: Failures in monitoring or dosing of anesthesia, potentially causing brain damage, heart attacks, or even patients being awake during surgery.
Hospital-Acquired Infections: Due to poor hygiene practices, such as unsterilized equipment, leading to severe conditions, such as sepsis.
Other notable types include emergency room mishaps, including radiology mistakes, and lack of informed consent when patients aren’t fully informed of risks.
One of the most prevalent forms of medical negligence is failure to diagnose, where a condition is missed, delayed, or misidentified. Unfortunately, this occurs more often than most people realize.
Illinois requires that injured patients must prove the following elements: Duty of Care: A doctor-patient relationship existed. This then requires the medical person to act according to the medical standard of care. Breach of Duty: The doctor failed to diagnose as a similarly qualified professional would, such as not ordering necessary tests or ignoring symptoms. Causation: The breach directly caused the injury. Damages: The patient suffered harm. Virtually all medical negligence cases require expert testimony.
Damages compensate for losses and there are different types of damages: Economic Damages: Cover tangible costs like medical bills, lost wages, and future care expenses. Non-Economic Damages: Address intangible harms, such as pain, suffering, emotional distress, or reduced quality of life. Plaintiffs must file within two years of discovering the injury, up to four years from the incident.
If you suspect that you or someone you know has been injured because of medical negligence, call Miller McGing Law today at (773) 467-8000.
