What Is Medical Malpractice in Illinois?

Medical malpractice is a serious concern affecting the victim and their family. There are often devastating results that can cause both physical and mental complications for years. 

Defining Medical Malpractice in Illinois

Medical malpractice is the legal term that refers to an instance where a medical professional doesn’t provide the accepted standard of care to a patient, resulting in an injury. 

Illinois defines medical malpractice similarly to other states. To file a medical malpractice case in this state, the plaintiff (either the patient or their family) must prove that:

• The healthcare provider (the defendant) owed the patient a duty of care. 
• The healthcare provider breached the duty of care expected. 
• The breach caused an injury to the patient.
• The injury resulted in damages to the patient.

Common Examples of Medical Malpractice

The following examples are the most common types of medical malpractice cases. 

Missed or Delayed Diagnoses

If a doctor misses or delays a diagnosis and it causes the patient’s condition to worsen, this can be considered medical malpractice. This is one of the most common types of medical malpractice in Illinois. 

A diagnosis error may have occurred if a patient experiences the following:

• Given the wrong diagnosis
• Not given a diagnosis when they should have been
• Misinterpreted test results
• A correct diagnosis was delayed due to poor follow-up by medical staff
• Not properly monitored after an initial diagnosis

Birth Injuries

Birth injuries can occur to both mom and baby during pregnancy, childbirth, or postpartum. Many cases of birth injuries are mild, but some can be devastating and cause life-altering changes. 

Some of the most common birth injuries reported in medical malpractice suits are:

• Cephalohematoma (a collection of blood beneath the scalp)
• Skull fractures
• Cerebral Palsy
• Erb’s Palsy

Surgical Error

Surgical errors can include surgery on the wrong body part, operating on the wrong patient, leaving a foreign object in a patient’s body, and cutting an organ or blood vessel during surgery. 

Hospital Malpractice

Hospital malpractice is a broad scope of medical malpractice that can include miscommunication, errors in anesthesia, or even neglect. If a nurse fails to properly monitor vital signs, resulting in cardiac arrest, this could be considered hospital malpractice. 

Let Grewer Law Group Help

If you or a loved one has been a victim of medical malpractice in Illinois, contact us so we can help you. Our team has a unique perspective and extensive medical knowledge that can give you the edge you need to win your case.