In a medical malpractice claim against a hospital for patient neglect in Illinois, patients are required to prove certain legal elements, applicable to all fifty states, to recover damages as the result of neglectful and negligent care. These elements include the following:
- Patient must prove that a doctor-patient relationship existed. Normally, if a patient is admitted for care in a hospital facility, a doctor patient relationship clearly exists.
- The patient must prove their care was beneath the duty of care owed per the doctor-patient relationship. In cases of neglect, a patient must prove that their care (or lack of care) was beneath the applicable standard of care in their exact case, and in turn, negligence is said to have occurred.
- Patient must prove that negligence was the proximate cause of their injuries. In cases of hospital patient neglect, a patient must show as the result of the neglect, injuries and other damages occurred, which would not have surfaced in the course of otherwise normal treatment.
- Patient must prove and document viable damages. In cases of neglect, economic, non-economic, and punitive damages may be applicable, but will often be capped or regulated per state laws.
For most patients involved in a hospital patient neglect claim, even determining whether general elements of a viable claim exist will require the intervention of a medical malpractice lawyer. However, even further instigating the need for a lawyer are the state-specific considerations and requirements needed to prove a neglect claim.
Illinois Medical Negligence Laws Covering Hospital Patient Neglect
- In a neglect case, a patient may be able to not only hold an individual medical professional liable for damages, but more often than not, they may also hold the hospital itself liable. The state of Illinois addresses vicarious liability of hospitals in the following manner: direct employee negligence creates liability for hospitals, while non-employee or independent contractor negligence creates liability for hospitals (and gives the patient a legal right to sue the hospital) if ostensible agency or employment exists.
- In neglect case in Illinois, patients must commence legal action for claims within two (2) years following reasonable discovery of injuries and negligence, per the Illinois statutes of limitations governing medical negligence cases.
- Any medical negligence complaint and legal action as the result of hospital patient neglect requires an affidavit of merit from a medical expert within ninety (90) days certifying the validity of claims.
- A hospital patient neglect case may also be subject to statutory damage caps, however, in the state of Illinois, court rulings have found existing statutory damage caps to be unconstitutional.
Getting Legal Help with Hospital Patient Neglect Cases in Illinois
In short, a patient seeking legal remedy and recovery for injuries and other harm as the result of neglect during a stay at a hospital will need the representation and insight of a medical malpractice lawyer practicing in the state of Illinois.
