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Medical malpractice claims can be complex

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Posted on January 4, 2021

Medical malpractice claims can be complex and sometimes difficult to prove. While a person who receives care from a doctor or hospital may not be satisfied with the treatment, it doesn’t always mean that he or she can pursue a claim for malpractice.

However, in situations where a person suffers an injury that is result of the doctor or hospital’s failure to follow the standard of care, that may qualify as medical malpractice.

Medical malpractice may include surgical errors, medication mistakes, birth injuries and failure to diagnose serious illnesses.

In addition to physical injuries, people who are affected by medical malpractice may suffer emotional damages or financial distress because they can no longer work or their work is limited because of their injuries.

Submitting a complaint

In Illinois, the person submitting a complaint must include an affidavit of merit from a medical professional. An affidavit is a voluntary written statement that is sworn to be true. It must state that there is a reasonable and meritorious cause for the lawsuit.

In addition, the medical professional must be knowledgeable about the issues involved in the case, must practice or teach in that area of medicine (or has within the last six years) and is qualified and competent in that area of care.

There is also a time limit for these types of claims. They must be filed in Illinois within two years of when the person knew or reasonably should have known about the injury.

For people who have suffered significant injuries, an attorney can help them determine whether pursuing a medical malpractice claim may be in their best interest.