Comparative Negligence In Illinois Medical Malpractice

by | Dec 3, 2015 | Law

If you live in McHenry, IL, eventually, you will visit your doctor. You may have to undergo minor or major surgery. You may take prescribed medication and follow your doctor’s orders. Yet, sometimes, things go wrong. As a result, you may suffer serious personal injury. When an error occurs in the medical field affecting your life, you need to consult a medical malpractice attorney.

Proceeding with a Medical Malpractice Action

For a lawyer to take action for personal injury from a doctor’s negligence, he or she must be able to prove medical malpractice has occurred. In other words, your medical malpractice lawyer has to support your claim that the doctor or medical facility failed to stick to the specific standards of care instituted for this profession. Your attorney also has to provide proof that the personal injury from which you suffer is the result of his or her deviant actions. In fact, only if your case meets this specific criterion will a lawyer advance your case further.

Understanding Medical Malpractice

From the beginning, your attorney needs to look at the facts. Not only must he or she comprehend the standard of care as approved and applied in McHenry, IL, he or she must be completely aware of the specific legislation that governs everything regarding this personal injury case. Some of the more significant matters under consideration are:

  • The Statute of Limitations: This governs when the layer can file your papers to start the legal process. In Illinois, the period is 2 years. This is either from the date the injury occurred or from the time when the injury was discovered or manifested itself.
  • The Laws of Negligence: In this state, modified comparative negligence is the form adopted. It requires your medical malpractice lawyer to take all measures to prove you are not responsible at all. The more responsible the medical profession is, the greater the potential to collect complete damages. If you are even 10% negligent, your award will decrease by this amount.
  • Damages: Illinois allows you to claim both special (quantifiable) and general damages.

Your attorney understands this and other legal issues involved in a personal injury case. He or she also will explain that you do not have a cap to how much you can request from the medical profession in McHenry IL. A lawyer also will let you know that you can opt to sue more than a single individual if the or she are found to be involved in the negligent actions.

Hire a Medical Malpractice Attorney

If you are injured because of the negligent actions of a medical professional or facility in McHenry, IL, you can take legal action against them. The issues in such a situation can become complicated. The stress can increase. You may find yourself tired and emotionally worn out. At law firms – such as those of Robert T. Edens, P.C., you can alleviate the problems. Research your option, and then hire an experienced and expert medical professional attorney to handle your case.

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