Healthcare providers who are careless with your health put your life in danger. Hold the liable party accountable with the help of a Chicago medical malpractice attorney.
Injuries, illnesses, and deaths are the tragic results of medical malpractice. To make matters worse, medical malpractice is preventable. Every person hurt by a healthcare provider’s careless actions could have been spared that suffering.
But when medical negligence injures you or makes you sick, that doesn’t have to be the end of the story. You don’t have to be left with the pain and financial burden of your injury. You can fight back by filing a medical malpractice claim, which, if successful, could win you compensation you need to move forward with your life.
Taking on wealthy doctors and hospitals that have teams of lawyers at their disposal will lead you to more than a few roadblocks. That’s why it’s important to arm yourself with the experience and knowledge of a Chicago medical malpractice lawyer. To get started, reach out to Lane & Lane, LLC today.
Defining Medical Negligence in Illinois
Medical negligence occurs when a doctor or other healthcare professional violates the “standard of care.” This standard involves the widely accepted rules and practices for treating patients in similar situations.
You may not know whether your healthcare provider violated the standard of care before injuring you or making you sicker. To recover compensation, you will have to prove that your healthcare provider was negligent.
This is one of the key ways a Chicago medical negligence attorney can help you. Our years of experience with medical malpractice claims enable us to tell you whether you have a viable case. We’re also here to help you figure out what your next steps should be.
Medical Negligence Cases Common in Chicago
With its abundance of hospitals and other healthcare facilities, Chicago sees more than its fair share of medical malpractice claims. In truth, medical malpractice is a broad term—it encompasses almost any type of negligent behavior by a medical provider that injures you.
However, some types of medical negligence cases are more common than others. The following are some common types of negligent medical behaviors that can lead to malpractice claims in Chicago:
- Misdiagnosis – When doctors fail to use their years of training to identify the correct health problem and instead diagnose you with something you don’t have, your true condition can worsen. That’s an injury you can often be compensated for.
- Missed Diagnosis – Missing a health problem when you complain of symptoms that warrant action could constitute medical negligence.
- Anesthesia Errors – Giving you the wrong anesthesia medication, prescribing too much, or administering too little can lead to extreme pain at best and death at worst.
- Improper Prescriptions – If your doctor or pharmacist failed to recognize that a medication you had been prescribed was unsafe for you, you could hold them financially accountable. This type of medical malpractice claim often includes drug interactions, improper doses, medication allergies, and other problems.
- Surgery Errors – In some of the worst surgical errors, surgeons have amputated the wrong limb or completed life-altering surgery on the wrong patient. From these all the way down to more minor surgical errors that injure you, you deserve compensation.
- Birth Injuries – During birth, newborns and their mothers can suffer injuries if doctors and other healthcare providers make mistakes.
- Serious Infections – As treatment-resistant infections become a more widespread problem, preventable infections become more of a threat to patients’ health. If your infection could have been prevented, you might have a viable medical malpractice claim on your hands.
If you’ve been injured or fallen ill due to a different kind of medical error that was not discussed above, reach out to your Chicago medical malpractice attorney. This will help you determine whether we can move forward with a claim.
Who Is Responsible for My Chicago Medical Malpractice Injuries?
It can be difficult to determine who should be held accountable for your injuries or illness in a medical malpractice case. This is because there are multiple healthcare providers responsible for caring for and treating you. The good news is that any medical provider can potentially be brought to justice for their negligence. Some of these parties include:
- The hospital
- Physician assistants
- Certified nursing assistants
- Home health aides
- Doctor offices
What Happens if You Contributed to the Medical Mistake?
Many survivors of medical malpractice believe that if they played a part in the cause of their injuries, they’ll no longer be entitled to compensation.
Illinois practices modified comparative negligence when determining fault. This means you can still pursue your claim if you contributed to your injuries. Maybe you tried to fight through the pain you were feeling or didn’t follow your aftercare instructions to the letter.
If a medical error is the primary cause of your condition, you might have a case. But your final award will reflect your portion of fault, and that amount will be deducted from your injury settlement. Let’s say you were 10 percent responsible, and the defendant was ordered to pay you $500,000 for your damages. You should expect to come away with a total of $450,000—10 percent less than the award.
Illinois’ Statute of Limitations for Medical Malpractice Lawsuits
Making sure you file your claim before the statute of limitations runs out is critical. Failure to get your claim filed within two years means that the courts can bar you from pursuing your claim.
Compensation for Victims of Medical Malpractice in Chicago
The compensation you stand to receive for your Chicago malpractice claim should cover every hardship you’ve faced. This should include economic damages, which reflect your financial losses. It should also account for non-economic damages, which reflect the damage to your mental health and lifestyle.
Although damages vary from one victim to the next, the following are some of the more common medical negligence damages in Chicago claims:
- Medical expenses stemming from the injury you sustained
- Income you lose because you’re stuck in recovery
- Loss of household services
- Future wages you will lose because your injury renders you unable to work
- The damage to your earning capacity
- The cost of therapy, whether physical, emotional, or both
- Reduced quality of life
- Pain and suffering
- The loss of companionship and love
- Scarring and disfigurement
- Mental anguish
- The loss of enjoyment of life
- Wrongful death
When you meet with your Chicago medical malpractice claim lawyer, you will go over all the available evidence, including your medical records. Your attorney will ask you questions about how your injuries have affected your life. Don’t leave anything out—after all, you want to make sure every loss is included in your claim.
You could also be awarded punitive damages in your Chicago medical malpractice claim. Medical errors are unacceptable. When the judge finds that the healthcare provider’s actions were reprehensible or malicious, they may award punitive damages as a form of punishment.
Hopefully, others in the medical profession will think twice before making the same mistakes the defendant did in your case.
Contact a Chicago Medical Malpractice Attorney
Medical malpractice hurts countless Chicago residents every year. Each of those victims deserves compensation for the suffering they’ve had to endure. If you believe you are one of those victims, don’t hesitate to get help from an experienced attorney.
Schedule a free claim review with a Chicago medical malpractice lawyer at Lane & Lane, LLC when you fill out the form at the bottom of this page or give us a call at 312-332-1400. We’re ready to work for you as you seek the compensation you deserve.
If you had asked us several years ago, we would have said yes. However, a 2010 Illinois Supreme Court decision reversed the past $500,000 cap on non-economic damages for medical malpractice claims.
You may be able to avoid going to court. But sometimes going to court is the best way to get the most out of your claim. Before bringing your case to court, we’ll do everything we can to obtain a fair settlement.
Informed consent means you agreed to a medical procedure or treatment. This is after you have been informed of the risks. Failure to inform you of risks can be grounds for a medical malpractice suit.