Understanding Medical Malpractice
Medical malpractice is known as any undue harm caused by the professional negligence of a doctor, medical staff, nurse, or any other medical practitioner. When a person is severely injured, mentally, physically or both, and there is proof of negligence on part of the doctor/staff, the plaintiff is thereby liable to file a medical malpractice suit against the hospital/medical institution.
Proving Malpractice Cases
If you believe you are a victim of a medical malpractice, it’s essential to understand the many complexities involved in proving negligence in such cases. Medical conditions and their diagnosis are challenging, there are many aspects a doctor must consider before suggesting a treatment. In some cases, there could be an underlying condition that may have caused harm to the patient, in such cases, the doctor or any other medical professional cannot be held liable for negligence and resulting compensation.
Doctrine of “res ipsa loquitur”
To prove negligence, one of the most essential factors is the Doctrine of ‘res ipsa loquitur,’ a Latin phrase meaning ‘the thing speaks for itself.’ If your personal injury is a result of a medical malpractice, you as the plaintiff can invoke the law of res ipsa loquitur. It will help you prove the accident leading to your personal injury would not have happened or could have been prevented if the defendant was not being negligent.
For instance, if you went in for surgery and the surgeon forgot a particular medical equipment to successfully conduct the surgery or operated on the wrong part of body – then you would not have suffered a personal injury. You will need the assistance of an experienced medical malpractice attorney to help you file a medical malpractice lawsuit.
Statutes of Limitation
The Illinois medical malpractice statute of limitation allows plaintiffs to have a longer deadline if their personal injury caused by medical malpractice is not immediately discovered. The plaintiff has about four years to bring forward any evidence of malpractice with medical reports proving the claims. For minors (under the age of 18), the medical malpractice claim can be filed within in eight (8) years after they suffered an injury from a medical malpractice.
If you wish to find out more about personal injury cases associated with medical malpractice in Illinois, schedule a free consultation by contacting the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.