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The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

For a medical malpractice case, the plaintiff (the injured person or their family) must prove: The defendant (the doctor or other healthcare provider) owed the patient a duty of care. The defendant breached that duty of care. The breach caused an injury. The injury resulted in damages.

Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.

The Basics Date of the malpractice; date the malpractice was discovered - are you within the Statute of Limitations? Many states, like Florida, have a Statue of Limitations that begins when the malpractice event should have been discovered.

What is the medical malpractice statute of limitations in Illinois? In general, the statute of limitations on Illinois medical malpractice lawsuits is two years from the date of injury. If you discover your injury later on, then you may have no longer than four years to file a lawsuit.

What is the medical malpractice statute of limitations in Illinois? In general, the statute of limitations on Illinois medical malpractice lawsuits is two years from the date of injury. If you discover your injury later on, then you may have no longer than four years to file a lawsuit.