A delayed diagnosis can allow cancer to advance to a more serious stage, reducing treatment options and worsening outcomes. When that delay results from a health provider’s failure to meet accepted standards of care, Illinois law generally gives patients a path to seek compensation. Here is what you need to know.
How can you seek compensation in Illinois?
To bring a medical malpractice claim in Illinois, you generally need to prove four elements: that the healthcare provider owed you a standard of care, that they fell below that standard, that the failure directly caused your injury or worsened your condition, and that you suffered substantial damages as a result.
What should you know about filing deadlines?
Illinois generally provides injured individuals a two-year timeframe to initiate a medical malpractice lawsuit. That timeframe usually starts from the moment you discovered or ought to have reasonably discovered that a healthcare professional’s mistake resulted in your harm. Illinois also enforces an absolute deadline that typically prevents lawsuits submitted beyond four years following the original incident or care failure, no matter when you identified the mistake.
How can you protect your rights?
Because the state imposes strict filing deadlines, taking these steps early can help protect your ability to pursue a claim:
- Gathering all medical records related to your testing, imaging and consultations can support your case.
- Keeping a detailed journal of your symptoms and treatments.
- Seeking a second medical opinion to clarify your current health status and reveal any prior diagnostic errors.
If you wait too long, the statute of limitations may expire and bar your claim entirely.
How a medical malpractice attorney may help
Illinois medical malpractice law involves specific procedural requirements that are especially difficult to manage while also dealing with a serious illness. An attorney can assist by thoroughly reviewing your medical history to determine if a provider breached the standard of care. They can also help prepare the certificate of merit that Illinois law requires plaintiffs to file with the malpractice complaint.
At Shapiro, Cohen & Basinger, Trial Lawyers, we fight for victims of medical malpractice. Call 312-263-3443 for a free consultation to get started. You pay absolutely nothing unless we win your case.