Identifying State Guidelines With a Medical Malpractice Attorney in Burbank

by | Oct 13, 2016 | Law Services

Medical malpractice is the act of getting injured while a doctor is treating you. When you go to a hospital, you expect to receive the best care possible. While doctors can only do so much, you should not have to deal with a medical professional who actively causes you harm. When this occurs, you need to speak with a Burbank medical malpractice attorney to see what your options are.

Statute of Limitations

Laws in every state have a statute of limitations associated with them. This is the length of time you have to file a lawsuit from the date when the malpractice occurred. In Illinois, you have two years from the time the malpractice happened to file a lawsuit. Special circumstances can give you longer than two years. However, you will be unable to file after the four-year mark. Minors are given more time for injuries sustained throughout malpractice.

Cap on Damages

A Burbank medical malpractice attorney can never guarantee that you will receive a certain amount from a lawsuit. However, most states have a cap on how much can be awarded to clients. The state of Illinois currently does not have any caps, so there is no limit on how much you can receive in damages for pain and suffering and other non-economic factors. However, the law can always change.

Determining Malpractice Took Place

Some of the most important laws on the books for malpractice determine what exactly constitutes malpractice. In some circumstances, a doctor giving you a misdiagnosis can be considered malpractice. Ultimately, negligence needs to be proven, which can be difficult to prove in a court case. You will need to work with your lawyer to see if it can be determined the doctor acted negligently.

If you still have questions about the law, talk with a Burbank medical malpractice attorney for further information. You deserve to know everything about this field before pursuing a malpractice claim.

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