Proving Damages
To earn a successful verdict in a medical malpractice lawsuit, you must prove a duty of care, negligence, a link between the medical professional’s actions and the poor outcome, and proof that the injuries sustained resulted in economic and non-economic harm.
Damages can include physical pain, excessive medical bills, and an inability to work. Injuries can also be intangible, such as emotional trauma or post-traumatic stress disorder.
Statute of Limitations in Illinois for Medical Malpractice Lawsuits
In Illinois, you generally have two years to file a medical malpractice injury claim in court. The statute of limitations begins the moment the medical error happens, but the date may vary depending on when you learned about the error or whether medical providers tried to cover up the act.