If a doctor makes a mistake that causes injury, he may have committed malpractice. It is not a requirement that the doctor make a grievous error, only that he is negligent and that his negligence causes an injury.

In Illinois, the law recognizes that bad results can occur even when a doctor does all that he can. Therefore, in order to be held responsible for a bad result, the law says that he must have provided care that did not meet "the standard of care." The standard of care is defined as that level of care, skill and treatment that is recognized as acceptable and appropriate by reasonably prudent healthcare providers in similar specialties under similar circumstances. The standard of care is explained to a jury by medical experts who may have differing points of view depending on which side hired the expert.

DO I NEED A LAWYER?
ABSOLUTELY, You need a lawyer because medical malpractice cases are very complex. Healthcare providers rarely settle a malpractice claim before a case is filed in court. Usually, healthcare providers hire lawyers who concentrate on defending medical malpractice claims.

In Illinois, there are complicated legal procedures that must be followed even before you file your malpractice suit. Prior to filing suit the patient's lawyer must obtain a signed statement from a physican in the same specialty as the defendant doctor stating that they have reviewed the records and they conclude that the case is reasonable and has merit.

DO I HAVE A GOOD CASE?
Each case is unique and must be considered according to its own facts. Malpractice cases are extremely expensive and time consuming. A lawyer can easily spend as much as $50,000 to $100,000 in out-of-pocket expenses, in addition to the time spent over several years.

Assuming the damages are serious enough to justify bringing suit, the lawyer must also determine if there is liability. In other words, did the doctor's care fall below the professional standard of care. A lawyer must hire one or more experts to testify about this issue. The experts must establish that the negligent conduct was the actual cause of the injuries.

In Illinois, lawyers are required to certify in writing when they file the complaint that they have made a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file the claim.

HOW LONG DO I HAVE TO SUE?
The statute of limitations is a time limit set by law that creates a deadline for filing a lawsuit. If you file your suit after the deadline the suit will be dismissed and cannot be refiled. If you think you may have a claim for medical malpractice you should contact a malpractice lawyer as soon as possible.

Another benefit to starting the claim as soon as possible is that sometimes there are important records that can be obtained before they are destroyed or reduced to microfilm. The prompt collection of evidence can possibly make the difference in a successful recovery in your case.

In Illinois, the statute of limitations is generally two years from the date of the injury. However, there are many interpretations to this rule which require review by a lawyer. If your healthcare provider is an employee of a county or local governement, the statute may only be one year.

It is very important to contact a lawyer as soon as you believe you or a family member may be a victim of malpractice. At William Buddy Meyers Ltd. your consultation is always free.

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