Recently, CBS News reported that a veteran from Illinois has filed a medical malpractice lawsuit. Tony Walker, a 49-year-old resident of Plainfield, Illinois, alleges that he was harmed because of medical negligence by the Department of Veterans Affairs (VA). In this article, our Chicago medical malpractice attorney provides a more comprehensive overview of the case.
Allegations: Veteran Did Not Receive Timely Antibiotics
Tony Walker is a military veteran who is a resident of Plainfield, Illinois. He served for several years in the United States Army. Mr. Walker has filed a medical malpractice lawsuit against the Department of Veterans Affairs (VA). The complaint alleges that VA medical staff failed to provide timely treatment for a bacterial infection. As a consequence of that alleged negligence at the VA, Mr. Walker sustained a catastrophic injury and developed a permanent disability.
The complaint filed by an Illinois medical malpractice lawyer on behalf of Mr. Walker alleges that he tested positive for Streptococcus mutans (a relatively common bacterial infection) in 2023. However, his legal counsel contends that VA clinicians failed to prescribe appropriate antibiotic therapy despite clear diagnostic evidence of infection. That omission allegedly allowed the bacteria to spread. Unfortunately, Mr. Walker developed endocarditis and sepsis..
Endocarditis is an infection of the heart valves. Both endocarditis and sepsis are potentially life-threatening medical complications. They are very serious medical emergencies. Mr. Walker required emergency surgery. He suffered multiple strokes that left him with severe and lasting impairments. Sadly, Mr. Walker is now dealing with major mobility loss and vision loss. He is unable to work, drive, or perform basic daily activities without assistance.
What to Know About Medical Malpractice Laws in Illinois
Medical negligence can be the basis of a medical malpractice claim. In Illinois, a patient who suffered medical complications due to receiving substandard care may have a civil legal claim against a doctor, hospital, or other health care provider. Here are some of the key points to know about the medical malpractice laws in Illinois:
- Medical Malpractice Defined: Under Illinois law, medical malpractice occurs when a physician, nurse, or healthcare institution fails to act in accordance with the accepted standard of medical care. Plaintiffs must prove that (1) a duty of care existed, (2) the provider breached that duty of care, (3) the breach caused injury or medical complications, and (4) actual harm was suffered by the patient.
- Affidavit of Merit Requirement: Illinois law requires plaintiffs to file a physician’s affidavit of merit under 735 ILCS 5/2-622. The affidavit must confirm that a qualified healthcare professional has reviewed the facts and believes there is a reasonable and credible basis for the lawsuit. A Chicago medical malpractice lawyer can help you with this procedural requirement.
- Statute of Limitations: Medical malpractice cases in Illinois are highly time-sensitive. As set out in 735 ILCS 5/13-212(a), medical malpractice actions generally must be filed within two years of when the patient knew or should have known of the injury, but no later than four years after the date of the negligent act or omission. Special rules apply for minors and cases involving fraudulent concealment. Still, the sooner you speak to a Chicago medical malpractice lawyer after suffering medical complications, the better.
Special Considerations for Medical Malpractice Claims Against the VA
Are you or is your loved one a veteran who was harmed due to medical negligence at a VA facility in Illinois? You have the right to file a medical malpractice claim. However, there are some unique considerations that apply to your case. Medical malpractice claims involving the U.S. Department of Veterans Affairs (VA) differ substantially from the standard state-based lawsuits. Because the VA is a federal agency, these civil cases are governed by the Federal Tort Claims Act (FTCA) rather than Illinois state court procedures. Here are some key points that veterans and families should know:
- Federal Jurisdiction and State Law: FTCA claims are litigated in federal district court rather than in state court. Although the venue is federal, courts apply Illinois substantive negligence law to determine whether the VA’s medical providers breached the applicable standard of care. In other words, both federal law (The FTCA) and Illinois state law matters.
- Administrative Remedies Must Be Exhausted: Before filing a lawsuit, claimants must submit an administrative claim (Standard Form 95) to the VA. The filing must include a description of the alleged malpractice and a “sum certain” amount of damages sought. The VA then has six months to investigate and either settle or deny the claim. Only after the agency denies the claim can the veteran file the medical malpractice suit in federal court.
- Strict Statute of Limitations: Under 28 U.S.C. § 2401(b), an FTCA claim must be presented to the VA within two years of the date the claimant discovered the injury or should have discovered it through reasonable diligence. After denial, the claimant has six months to file suit. Missing either deadline permanently bars the medical malpractice claim. You do not want to miss your chance to get justice and financial compensation.
- Bench Trial (No Jury): Another key point is that FTCA cases are decided solely by a federal judge, not a jury. That makes the written medical evidence and expert testimony especially decisive in establishing negligence and causation.
How Kennedy Watkins Can Help WIth a Medical Malpractice Case in Illinois
Military veterans should be able to rest easy knowing that they will receive high quality care from the medical providers at the VA. Unfortunately, that does not always happen. Medical malpractice remains an all-too-common problem. At Kennedy Watkins LLC, our Chicago attorneys take on the full range of medical malpractice cases. With a strong record of verdicts and settlements, we have the specialized expertise that patients and their families can trust. Your initial consultation with our Chicago medical malpractice lawyer for veterans is free, confidential, and without obligation.
Contact Our Chicago, IL Medical Malpractice Lawyer Today
At Kennedy Watkins LLC, our Chicago medical malpractice attorneys have the knowledge, skills, and experience to represent veterans. If you have any questions or concerns about medical malpractice cases, please do not hesitate to get in touch with us for a free case review. From our Chicago office, we handle medical malpractice cases throughout all of Illinois.