PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering our clients the ability to meet with us in-person, via telephone, or through video conferencing. Please call our office to discuss your options.
Law Offices of Mathys & Schneid - Naperville Personal Injury Lawyer Illinois Personal Injury Law Firm
Free Consultations: 630-848-9294
No Fee Unless You Win | Phones Answered 24 Hours A Day
1730 Park Street, Suite 209, Naperville, IL 60563
630-848-9294

How is medical malpractice determined in Illinois?

To fully understand how medical malpractice claims work, you must look at how it is defined and how it is determined in Illinois. A clear understanding of this is an important thing to have, both when determining if a claim makes sense and when deciding to file one -- and how to go about doing so.

The first thing to look at is how it is defined. It centers around the idea of negligence. If a certain level of care -- thought of as the "standard" -- was expected and was not given, it could mean that the health care provider was negligent. Of course, the "standard" does leave a bit of room for interpretation, but it can be clear-cut in some cases, such as when a serious injury is the result.

Now, in determining if this is what happened, looking at the damages that someone suffered is the key. Was he or she injured by actions that were taken or things that were not done? Did he or she run into any other damages as a result? If so, the health care provider could be responsible for medical malpractice.

However, it is important to note that a patient who does not get the outcome that he or she wanted or hoped for does not always have a medical malpractice claim. For example, a surgery may not be able to save someone's life after an accident, simply because the injuries were already too extensive. However, if surgical errors are made that cause the death, that changes things for the surviving family members.

In short, doctors are not expected to be perfect with ideal outcomes every time, but they are expected not to make mistakes and not to make things worse, based on standards of care.

Source: Forbes, "10 Things You Want To Know About Medical Malpractice" Demetrius Cheeks, Sep. 04, 2014

What Our Clients Say About Us

  • "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....-Jeff D.

  • "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....- Dave

  • "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.-Jennifer

  • "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day...-Larry

  • "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.- Tyler D.

  • "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.- Karen K.

  • "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends.-Dan H.

Related Blog Posts

  • May 11

    Motor vehicle accidents: Crash at intersection kills 2, injures 1

    Drivers who fail to adhere to traffic lights or signs and heed right of way before crossing into an intersection run the risk of creating a potentially hazardous situation. Such a decision may leave other drivers with insufficient time to...

    Read More
  • May 01

    Acknowledging and confronting behavior changes after a TBI

    You may find that you don't quite feel right after suffering a traumatic brain injury. Of course, this isn't surprising considering the trauma you went through, but there may be more to it than that. Your behavior could simply reflect your...

    Read More
  • Apr 27

    Motor vehicle accidents: Crash leaves 1 in critical condition

    Intersections continue to be a hot spot for collisions and incidents that occur when drivers fail to yield the right of way can have dire repercussions. Motor vehicle accidents involving similar circumstances could leave those involved with severe injuries and...

    Read More

Take Action Now! No Fees Unless You Win!

We’ll review your case at No Cost to You. And, you don’t pay any fees unless we win your case. Contact us today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

This site uses Google's Invisible reCAPTCHA, which is subject to Google's Privacy Policy and Terms of Use.

Phones Answered 24 Hours A Day No Fees Unless You Win - Call 630-848-9294