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Frequently Asked Question

Not necessarily. Unsuccessful or unexpected medical results do not necessarily qualify for a lawsuit simply because there is always a level of risk involved in the surgery. If the doctor did not act with negligence or carelessness, there are little grounds for a lawsuit.

We highly recommend that you hire a lawyer simply because of the complexity and extensive nature of a medical malpractice claim. A lawyer is there to work on your behalf and will alleviate some of the burdens of stress. defines the standard of care as the “level at which the average, prudent provider in a given community would practice.” Essentially, it is “how similarly qualified practitioners would have managed the patient’s care under the same or similar circumstances.”

About Medical Malpractice

A medical professional is seen as a source of expertise and when faced with an illness, surgery, or the need for prescription drugs or devices, they are the most trusted source of information. You and millions of others are quite literally putting your life in the hands of a knowledgeable and experienced master of the trade. But, what if that medical professional makes a mistake that results in an injury or even death of yourself or a loved one?

When medical malpractice occurs, the patient is often times left injured and financially burdened. By filing a medical malpractice lawsuit, you can seek compensation for the injuries that you incurred as a result of your medical provider’s negligence.

Contact an Edwardsville medical malpractice lawyer from TorHoerman Law to learn more.


Edwardsville Medical Malpractice Laws

In Illinois, there are no statutory caps on damages. Although Illinois has laws limiting statutory damages on medical malpractice cases, the Supreme Court ruled these laws unconstitutional. There are currently no statutory caps on medical malpractice lawsuits in effect in the state.

The Illinois statute of limitations states that a patient has two years from the date of injury, or should have known of the injury, to file a lawsuit. Additionally, no patient is allowed to file a lawsuit more than four years after the medical malpractice act has occurred, no matter the circumstances.

However, there is one special circumstance if the patient was under the age of 18 at the time of the accident. In that case, the patient has up to eight years after the incident occurred to file a lawsuit, as long as it is filed before the patient’s 22nd birthday.

If the medical malpractice results in a patient’s death, the family of the deceased individual has two years from the date of death to file a lawsuit.

Illinois also follows the modified comparative negligence rule, which essentially states that if an individual is more than 50% at fault for the error, they are not permitted to pursue a medical malpractice lawsuit. If the individual is less than 50% responsible, they can pursue a claim, but “the financial recovery is reduced in proportion to the claimant’s percentage of fault.”

Medical malpractice remains a major issue in Illinois. Incidents of reported medical malpractice have remained relatively frequent for the last two decades, despite efforts to reduce medical malpractice across the state.

The legal issues associated with medical malpractice claims can be extensive and complex. It is in the best interest of the injured individual to hire a medical malpractice attorney Edwardsville to handle all future legal matters on their behalf.


Edwardsville Medical Malpractice: Victim Response Checklist

I Suffered an Injury Due to my Doctor’s Negligence. What Should I Do Now After I’ve Been the Victim of Medical Malpractice in Madison County? Here are some of the initial steps your should take:

  • Collect all previous medical records from any hospitals or doctors you visited post-injury.
  • Confirm your injury with a new doctor. Verification from another doctor will help your support your claim.
  • Mitigate any possible further injuries. Essentially, this means, do not put yourself at risk for more injuries, thereby jeopardizing your claim.
  • Contact an Edwardsville medical malpractice lawyer. Their legal expertise and experience will help you navigate the steps of a medical malpractice lawsuit.


Defining Medical Malpractice

Wikipedia defines medical malpractice as “a legal cause of action that occurs when a medical or health care professional deviates from standards in his or her profession, thereby causing injury to a patient.” Instances of medical malpractice can occur in a variety of ways, including, but not limited to:

  • Emergency room errors
  • Misdiagnosis of an illness or injury
  • Surgical errors
  • Post-surgery errors
  • Pharmaceutical error, such as prescribing the wrong medication or miscalculating the dosage
  • Medication errors such as failing to know when drugs will negatively interact with one another
  • Birth injury or defect
  • Anesthesia errors
  • Unauthorized treatment
  • Infections
  • Wrongful death


If you, a family member, or friend has been injured as a result of a doctor or pharmacist’s negligence, carelessness, or unlawful behavior, you may have grounds for a lawsuit. It may be difficult to know what the next steps should be, but a medical malpractice attorney Edwardsville can help you move forward.


Edwardsville Medical Malpractice Lawyer

Based in the Metro East, at TorHoerman Law Firm, an experienced Edwardsville medical malpractice attorney will work for you. When we represent clients, our goal is to help you recover financially while you recover physically.

For a free no-obligation Edwardsville medical malpractice lawsuit consultation, contact TorHoerman Law.

“An Overview of Medical Malpractice in Illinois.”, Legal Resources,

“Illinois Medical Malpractice Law.”, Legal Resources,

“Medical Malpractice.”Wikipedia, Wikimedia Foundation, 15 June 2019,

Shiel, William C. “Definition of Standard of Care.” MedicineNet, WebMD,

Edwardsville, IL
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Alhambra, Alton, Bethalto, Collinsville, East Alton, Edwardsville, Godfrey, Glen Carbon, Granite City, Hamel, Hartford, Highland, Livingston, Madison, Marine, Maryville, New Douglas, Pontoon Beach, Roxana, South Roxana, St. Jacob, Troy, Venice, Wood River, Worden, Alorton, Belleville, Brooklyn, Cahokia, Caseyville, Centreville, Dupo, East Carondelet, East St. Louis, Fairmont City, Fairview Heights, Fayetteville, Freeburg, Lebanon, Marissa, Mascoutah, Millstadt, New Athens, O’Fallon, Sauget, Shiloh, Smithton, St. Libory, Swansea, Washington Park, Columbia, Hecker, Valmeyer, Waterloo, Grafton, Jerseyville, Aviston, Beckemeyer, Breese, Carlyle, Centralia, Germantown, New Baden, Trenton, Staunton

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TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.


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