Statistics indicate that over 200,000 people die each year due to some form of medical negligence. Many of those cases are due to the negligence of physicians and, in some cases, the hospitals in which they practice. However, states vary on whether victims or the families of victims of medical malpractice can include the hospital in claims against their physicians. The laws in Illinois, however, are very clear.
Illinois Medical Malpractice
As in any state, if a physician has a medical relationship with a patient, if that physician provides substandard care, if the care causes injury, and the patient suffers damages as a result of that injury, the patient may be eligible to file a medical malpractice claim against that physician. There are rules governing such claims, however, including a statute of limitations. In Illinois, that statute of limitations requires that a medical malpractice claim be filed within two years of when the victim knew, or reasonably should have known, of the physician’s negligence and injury. However, that claim cannot be filed more than four years after the act of negligence, no matter when it was discovered. In Wrongful death suits, the family or its representative has two years from the date of death to file a claim.
In addition, Illinois does allow the hospital to be charged with vicarious liability if the physician was an agent of the hospital, and even if the hospital acts in such a way that a reasonable person would conclude that the physician, even if they are an independent contractor, was an agent of the hospital. Especially in an emergency room setting, if the patient has not chosen a physician and relies on one offered by the hospital, it can be concluded that that physician is treating the patient on behalf of the hospital and the hospital may be held vicariously liable for any negligence. If, however, the patient is clearly informed that the physician is not an agent of the hospital, the hospital may be relieved of vicarious liability.
Filing a Claim in Illinois
In order to establish that negligence did actually occur, a victim and their attorney must submit an affidavit that includes a written report by an expert in the same field as the treating physician certifying that the treating physician acted negligently and caused harm. Without that kind of affidavit, a medical malpractice claim will be dismissed.
Getting Legal Help with Suing a Hospital in Illinois
There are fine lines between a physician who is an agent of a hospital, an independent contractor who appears to be an agent of the hospital and acts like one to a particular patient, and a true independent contractor. It can be difficult to prove which is which in the state of Illinois in order to determine how to file a claim for medical malpractice. However, experienced Illinois medical malpractice attorneys who have handled many such cases can provide the kind of advice a victim or their family needs in order to file an effective claim and collect the level of damages their client deserves.
