Who Can Be Held Accountable For The Medical Malpractice?

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Who Can Be Held Accountable For The Medical Malpractice?

Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation, facility or institution licensed by the state to provide health care or professional services, or an officer, employee, or agent thereof acting in the course and scope of his employment. A claim can be brought against physicians, dentists, nurses, therapists, technicians, hospitals, and pharmacists, among others. A physician commits medical malpractice if he fails to act in the same manner a reasonably prudent physician in the same field of medicine would act under the same circumstances. Nurses, therapists and other health care providers, and the hospitals or clinics they work for, can be held responsible for their failure to meet accepted standards of care in their particular field. In Illinois, a hospital may be held liable for the acts of its independently contracted physicians under certain circumstances.

Medical negligence claims against physicians employed at state medical facilities are not considered to arise from their employment, but from their individual duties to their patients so such actions are not subject to governmental immunity. Neither a local public entity nor a public employee acting within the scope of his employment is liable for injury arising from diagnosing or failing to diagnose that a person is afflicted with an illness or addiction; administration, with due care, of the treatment prescribed for an illness or addiction; or failure to admit a person to a medical facility operated or maintained by a local public entity. However, neither a local public entity nor its employees are exonerated for the negligent or wrongful prescription or administration of treatment.

Other Illinois Medical Malpractice FAQs

Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is … More
Q: Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
A: Signing a consent form in and of itself does not waive your rights. It is possible that the consent form does not contain all of the relevant information that it … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. You can recover your actual economic losses … More