Kane County Medical Malpractice Lawyer
Frequently asked questions about medical malpractice claims in Illinois.
How do I find out if my injuries were caused by medical malpractice?
The firm obtains your medical records and has them reviewed by qualified medical specialists. An experienced attorney knows what indicators to identify in records. When injuries are serious, the records go to board certified physicians for evaluation. If they determine the doctor or hospital failed to meet the appropriate standard of care, you may have a viable case.
What type of injuries do you need to have in order to have a medical malpractice case?
Serious life-altering injuries or death. Medical malpractice cases are expensive to pursue, making minor injury cases economically unfeasible despite physician fault. Significant injuries encompass wrong-site surgery, avoidable amputations, stroke-causing incidents, or limb loss. Birth-related negligence can result in conditions like cerebral palsy, often undiscovered for years.
How long do you have to file a medical malpractice case in Illinois?
Timeframes vary significantly, and the deadline is one of the few things in a case that cannot be fixed after the fact. Under 735 ILCS 5/13‑212(a), an action generally must be brought within 2 years after the date the claimant knew or reasonably should have known of the injury — but in no event more than 4 years after the act or omission itself. For a child injured before age 18, subsection (b) allows 8 years from the act, but never past the person’s 22nd birthday. A shorter one‑year period generally applies where a public hospital or other local governmental body is involved. 745 ILCS 10/8‑101. Contact a lawyer promptly — gathering and reviewing records takes months.
Will the doctor lose his license or job if I file a medical malpractice case?
Unlikely, absent egregious misconduct. License decisions fall to the Illinois Department of Financial and Professional Regulation, not civil courts. A lawsuit might prompt a regulatory review and potential suspension or revocation. Litigation can also help hospitals correct systemic errors and improve future patient safety.
I signed consent forms before my procedure — will this prevent me from bringing a claim?
No. Consent forms cannot authorize malpractice. These documents typically outline standard procedure risks. Physicians must explain anticipated complications but aren’t obligated to guarantee perfect results — only to meet established care standards.
How much money is my case worth?
Compensation may include pain and suffering, medical expenses, lost wages, and disability costs. Case value depends on the strength of liability, your age, occupation, jurisdiction, and available insurance coverage.