Medical Malpractice Law in the Chicago Area
Medical Malpractice occurs when the medical professional or the medical institution fails to adhere to a standard of care of what a reasonably careful professional should do under the circumstances. Where there is a deviation from the standard of care, the question that arises for a successful pursuit of compensation is whether the act or omission of the medical professional or the medical institution caused injury. Said differently, if a different course of treatment was rendered, would the injury or damage not have occurred.
In Illinois, in order to proceed with a lawsuit against a medical provider, there is a statute [735 ILCS 5/2-622] that provides that an affidavit must be secured from a physician who upon review of the matter believes there is a meritorious case. The statute has specific requirements for the affidavit to be accepted.
Some of the mistakes we have seen:
- Delays in timely treatment
- Failures to make a timely diagnosis or making an incorrect diagnosis
- Surgical errors;
- Errors in prescriptions;
- General neglect
- Improper treatment plan
- Failure to warn of the consequences of a procedure.
Medical malpractice cases are complex. They require a commitment of extensive resources, both for the retention of experts and for the prosecution of the case. We appreciate this acutely at Schiff Gorman because we have three decades of experience of successful representation of patients and victims of medical negligence. At Schiff Gorman we have a proud tradition of representing injured patients and their families and achieving impressive results.