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Personal injury is the legal term for an injury to the body, mind or emotions, as opposed to an injury to property.
Injuries that occur at work are usually workers’ compensation cases. These injuries can either come from a sudden traumatic accident or a cumulative/repetitive trauma that can take time to develop from job duties.
Healthcare providers have a legal duty of care to their patients, requiring them to exercise a professional standard of reasonable care, based on current best practices. Both medical malpractice and medical negligence involve a violation of that duty of care. Malpractice is an intent to breach that standard. Negligence is carelessness that breaches the duty of care.
Under the Illinois Code of Civil Procedure, 735 ILCS 5/2-622, a plaintiff alleging medical malpractice seeking damages for injuries or death by reason of medical, hospital, or other healing arts malpractice, the plaintiff must file an affidavit declaring, “that the affiant has consulted and reviewed the facts of the case with a health professional who the affiant reasonably believes: (i) is knowledgeable in the relevant issues involved in the particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified by experience or demonstrated competence in the subject of the case; that the reviewing health professional has determined in a written report, after a review of the medical record and other relevant material involved in the particular action that there is a reasonable and meritorious cause for the filing of such action; and that the affiant has concluded on the basis of the reviewing health professional’s review and consultation that there is a reasonable and meritorious cause for filing of such action.”
What this all means is you must file a lawsuit against the healthcare provider within two years of the date of injury or within two years of the date you should have reasonably known about your injury. “Reasonably known” allows more time for patients whose injuries or harm might not be immediately apparent.
Medical malpractice claims are extremely complex and often difficult to prove. The Law Office of Patrick Jennetten is experienced litigating these cases. We understand complicated medical issues and have relationships with respected medical experts who can attest to a defendant’s breach of their duty of care.
We stand on our reputation and proven results in handling Medical Malpractice cases in Peoria, East Peoria, Morton, Washington, Pekin, and across Illinois.
If you or a loved one has been injured or died due to the negligence of a medical professional, contact The Law Office of Patrick Jennetten to discuss your legal rights and options. Call 309-670-2400 or use our online contact form for a free consultation with an experienced medical malpractice lawyer from our team to learn more about how to get the most out of your claim.
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