You can sue a doctor without malpractice insurance. Even though Illinois does not require physicians to carry insurance, if they work for a hospital or healthcare facility, they could be covered under its insurance policy. However, things can get complicated if this isn’t an option.
If you are not familiar with filing an injury lawsuit against a medical entity, a medical malpractice lawyer can be there to assist you throughout the entire process.
To sue a doctor, you must establish the “four Ds” of medical malpractice cases. Compared to traditional personal injury lawsuits (like car accident cases, for example), medical malpractice cases tend to be a bit more complicated because healthcare providers are protected by numerous laws and guidelines around the country.
Specific medical malpractice laws change from state to state, but the basic legal concepts remain the same. Per Clinical Orthopaedics and Research, you must prove:
If you are under the care of a medical professional, they owe you something known as a “duty of care.” Basically, a duty of care means the medical professional is responsible for treating your ailments to the best of their abilities.
To successfully file a medical malpractice claim or lawsuit, you will need to prove that there was a doctor-patient relationship with the medical professional in question. Therefore, they knowingly cared for you in a medical setting.
Once you have established that the doctor owed you a duty of care, you will need to prove that they breached their responsibilities. This could be due to misdiagnosing your condition, prescribing the wrong medication, or making an error during surgery.
Now, you need to show that the doctor deviated from their duty of care, and your injuries were caused by this deviation.
Lastly, you need to prove that the doctor’s wrongdoing caused you to suffer physical, emotional, or financial hardships––otherwise known as “damages.”
While this may seem easy enough, proving these elements can be challenging. Not to mention, most medical professionals will be represented by legal counsel to defend them from any accusations in a court of law.
If you retain a medical malpractice lawyer from our firm, we can build your case and fight for your rights in civil court.
You are within your rights to seek damages related to your economic (monetary) losses and non-economic (physical and emotional) losses when you file a lawsuit against a medical professional.
There are many types of damages you can seek in a medical malpractice case, which include, but may not be limited to:
Your medical malpractice attorney can use a variety of methods to determine the appropriate value of your damages. They can even contact expert witnesses, like economists and other healthcare providers, to calculate your losses appropriately.
According to 735 ILCS 5/13-212(a), you have two years to file a medical malpractice case in Illinois. This time limit starts ticking:
If the statute of limitations expires before you file your case, the court may automatically deny your request for compensation through litigation.
Further, if an act of medical malpractice led to the death of a loved one, 740 ILCS 180/2 establishes a similar two-year statute of limitations, which begins on the day of their passing. Your attorney can keep an eye on these deadlines while you focus on rebuilding your life.
To better understand the role of a medical malpractice lawyer, here are some of the ways in which our team can help you:
If you are still wondering if you can sue a doctor without malpractice insurance, our medical malpractice lawyers at The Kryder Law Group, LLC can help you understand your legal options. At the end of the day, our law firm is here to help protect your right to compensation.
Contact one of our team members today at (312) 598-0982 to get started with your free consultation.