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Common Bile Duct Injury Lawsuit

Medical malpractice is a term used to describe conduct that deviates from the applicable standard of care. A standard of care is a generally a minimum level of care that should be exercised by a health care provider. A standard of care requires healthcare providers to exercise the same degree of knowledge or care that a reasonably careful healthcare provider would use. Violations of a standard of care occur when a healthcare provider does something that a reasonably careful provider would not do or when a provider fails to do something that a reasonably careful provider would do.

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Common Bile Duct Injury Lawsuit

BILE DUCT CUT DURING GALLBLADDER SURGERY

The Gallbladder is a small organ that collects and releases bile produced by the liver. Bile breaks down fats to be later absorbed into the digestive track. Bile must travel through bile ducts to reach the small intestine.

Gallstones, small and hard crystallized bits of cholesterol and bile salts, can form in the gallbladder or in the bile duct and block the flow of bile to the intestinal track. This causes the gallbladder to swell and results in excruciating abdominal pain. The recommended method to relieve this severe pain is to undergo gallbladder removal surgery.

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LAPAROSCOPIC CHOLECYSTECTOMY V. OPEN GALLBLADDER SURGERY

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There are two surgical procedures to remove gall stones from the body: traditional open gallbladder surgery or laparoscopic cholecystectomy. The latter has become the procedure of choice for many patients dealing with gallstones or gallbladder disease because it is less invasive and the recovery time is substantially less than traditional open surgery.

Although a laparoscopic cholecystectomy is less invasive, complications can still arise. Surgeons operate based upon what they see on a television screen, rather than they can see directly. As a result, a surgeon can easily sever the bile duct during surgery if he or she not extremely careful.

Injuries Resulting from Severed Bile Duct

If a surgeon severs a bile duct during surgery, a patient can experience excruciating pain and other various medical conditions including, but not limited to:

  • Wrongful Death
  • Bile Peritonitis – bile leaking into and infecting the abdomen that can lead to organ failure and even death
  • Cholangitis – inflammation of the bile duct that can be life threatening if not treated immediately
  • Jaundice – yellowing of the skin, whitening of the eyes
  • Pancreatitis – inflammation of the pancreas

A patient will likely be forced to undergo numerous future surgical operations to repair the severed bile duct and drain the bile as a result of a surgeon’s negligence. If a patient experiences permanent impairment, additional procedures will need to be performed to insert drainage tubs inside the patient.

Delayed Medical Treatment

Once a bile duct is severed, the clock is ticking. A surgeon’s failure to promptly correct said injury endangers the patient’s well-being. A patient can suffer an untimely death if a severed bile duct injury is left untreated for an extensive period of time.

Chicago Has Many Great Options for Procedures, but Mistakes Still Happen

The city of Chicago and the metropolitan area have many respected hospitals you can choose when it comes time for a procedure. Hospitals in the area include NorthShore University HealthSystem-Metro Chicago, Advocate Christ Medical Center, Rush University Medical Center, University of Chicago Medical Center, and Loyola University Medical Center.

Each of these hospitals has many talented and qualified professionals to seek out for your medical needs. However talented a doctor might be and clear a hospital’s records might be, mistakes can and do happen. When you suffer an injury due to a mistake during your medical procedure, you may recover compensation.

Chicago-area hospitals perform hundreds of thousands of combined procedures each year, and most of them go over well. However, when a hospital conducts that many procedures, it is natural that some mistakes will happen as a simple function of the odds.

When you suffer an injury during a medical procedure due to a violation of the standard of care, the law entitles you to compensation. A medical malpractice attorney can advise you on your best options to recover compensation and what you deserve and need to be made whole after your injury.

Zayed Law Offices Has Substantial Medical Malpractice Experience

When a medical procedure injures you, an experienced medical malpractice attorney can accurately measure your damages then seek them from the responsible parties. When you’ve suffered an injury, the last thing on your mind is figuring out what you are entitled to, then negotiating with the claim specialists and lawyers of the insurance company to convince them to provide you the damages you deserve.

Deciding to reach out to our firm is the first step towards receiving the full amount of compensation you are entitled to. To begin, we may ask about your procedure and injury, which will help us determine if your case fits with our firm.

While not every case we assess fits with our firm and leads to an attorney-client relationship, those that do fit lead to a positive and product attorney-client relationship where we put your needs first. You won’t owe us anything until we win your case on payment, and you might be surprised to learn that medical malpractice attorneys generally cost you nothing out of pocket.

Medical Malpractice Damages are Comprehensive and Include Lost Earnings

When you suffer an injury due to a medical procedure gone wrong, you may not know how much your injury will cost you, given that you’ll need to calculate your short- and long-term damages.

You will be entitled to both medical damages to cover your related costs in addition to compensation for your lost income linked to the injury. In terms of medical expenses, in the short term, you will have emergency room medical care to address as well as follow-up treatments and medication costs. In the long-term, you may have additional treatments and medical appointments, medications, and even rehabilitation.

The medical costs associated with an injury can be substantial, and without the input of another medical expert, you might not know how to accurately determine what the at-fault party owes you.

Outside of medical expenses, the law also entitles you to compensation for the lost income associated with your medical malpractice injury. In the short term, this will be the lost wages that you experience while you are recovering, in addition to work-related benefits you missed out on like accrued sick time and vacation time. In the long term, your damages should cover any decrease in the amount of income you generate for yourself and your family.

For example, your injury may make it so that you cannot return to the same work as before and instead can only return to work that pays less than before. The compensation you may recover in that instance is the income you lost from the date of your injury through your working life, computed in a present-dollar value.

Determining the damages that you deserve is hard without legal knowledge. Some injuries lead to regular injury amounts, information that your local medical malpractice attorney from Zayed Law Offices can apply to collect the full compensation you deserve.

Medical Malpractice Insurance Companies Work for Profit, Not You

The insurance company does not work for you. Insurance companies are for-profit organizations, and like any other for-profit company, they generate profit by maximizing their earnings and minimizing their costs.

An insurance company earns the premiums they collect from customers, while they pay costs to injured claimants. The insurance company minimizes costs by reducing the claims they pay out by denying whichever ones they can and paying as little as possible on the claims they do pay.

Medical malpractice insurance companies have full-time teams of claim analysts and attorneys working to carefully scrutinize each claim that comes through the company. Your application for damages must be complete and accurate and include sufficient information and evidence to justify the payout that you demand from the insurance company.

When your application is incomplete, erroneous, or lacking sufficient evidence, they will deny it. A denial of your initial insurance claim delays the process and leads to delays in you receiving your payment. Having your claim accepted on appeal after the insurance company initially denied it is more difficult than the initial application, making it all the more difficult to recover the full damages you deserve.

Read on to the following FAQ to learn about common questions concerning medical malpractice, what damages you are entitled to, and how a medical malpractice attorney can help you collect the full damages you deserve.

EXPERIENCED CHICAGO SEVERED BILE DUCT MALPRACTICE ATTORNEYS

Adam J Zayed, Founder & Trial Attorney
Adam J Zayed, Common Bile Duct Injury Lawyer

Every medical professional is required to operate within a standard of care. If a doctor or surgeon breaches that standard of care, he or she may be liable for damages. If you or someone you know have suffered a severed bile duct injury, contact our common bile duct injury lawsuit attorneys today. Our medical malpractice attorneys help clients obtain the compensation and the justice they deserve.

Medical malpractice occurs when a medical provider performs a procedure that fails to meet the applicable standard of care. The standard of care is the level of care and quality that a reasonable healthcare practitioner would employ in the procedure.

It is essentially the basic level of quality that you can expect from the procedure, regardless of what doctor or healthcare facility completes the procedure. Norms in the healthcare industry establish this standard. It requires significant medical knowledge and legal experience to accurately determine and identify when a caregiver has violated the standard.

A medical malpractice attorney has a network of healthcare professionals to refer to when seeking out input on whether or not your procedure met the standard of care. This requires a review of your medical records and the process of requesting a copy we’ll cover below. To determine if you are entitled to damages for medical malpractice, a healthcare provider must have violated the standard of care, you must have suffered an injury due to the violation of the standard of care, and damages resulted.

No medical procedure is without risk, and pain after an operation might be entirely normal. Sometimes, however, pain and other issues following a medical procedure can indicate that something went wrong.

To determine if something went wrong with your medical procedure, seek an additional opinion from another medical professional who knows the procedure and the expected outcomes and related after-effects. Without an expert medical opinion, you might mistake pain and suffer from an injury as a part of the normal recovery from the procedure.

Reaching out to a medical malpractice attorney is the first step toward recovering compensation for your injuries. Your medical malpractice attorney has a network of professionals to refer you to for follow-up opinions and additional insight into your damages.

While it would be ideal for you to automatically receive your damages in the instance of a medical malpractice injury, this is unfortunately not the case. To collect damages for your medical malpractice injury, you begin by filing a claim with the medical malpractice insurance company.

Doctors and hospitals carry medical malpractice insurance specifically to cover persons who suffered an injury due to mistakes during medical procedures. When you have injuries, the insurance company will pay your damages, and you have to file a claim with it. You need a lawyer who can file a comprehensive, accurate, complete application that provides sufficient evidence for any damages that you seek.

Determining your damages can be difficult without prior experience working on medical malpractice cases. You’ll need to measure your immediate medical expenses and costs and any associated lost wages and job benefits during recovery.

Then, you’ll require expert medical opinions to determine what your symptoms will be in the long term and what medical treatments might be necessary. You may require ongoing medication, treatment, and rehabilitation for your injury, and if you don’t ask for it in your medical malpractice claim, it will not be covered.

You can only recover what you ask for, and once you sign a settlement agreement, you can collect nothing further. Before negotiating with the insurance company, contact a medical malpractice attorney who knows what you are entitled to and how to negotiate the best possible outcome in your case.

A statute of limitations is an expiration date for a claim, and if you do not submit a claim before then, you cannot collect compensation for your damages.

The statute of limitations in Illinois for general injury and death cases is two years. However, medical malpractice cases are more complex, and the statute of limitations can vary.

Your medical malpractice attorney can analyze your case to determine which time frame applies. Reach out to an attorney as soon as possible after your injury so you don’t miss any deadlines.

The time to reach out to a medical malpractice attorney is as soon as possible after you received emergency medical care for your injury. If you believe you suffered an injury after a medical procedure, do not accuse your doctor or healthcare facility of medical malpractice. You will need a third-party opinion to analyze what your injuries are and whether or not they resulted from a violation of the standard of care.

Reach to a local medical malpractice attorney from Zayed Law Offices. We can tell you whether you have a case and start the process of collecting the damages you deserve.

The damages you deserve for your injury will depend on how the injury affects your health and your ability to work. If a medical procedure injured you, the costs associated with the immediate recovery from the injury are a part of your damages, alongside lost wages and work-related benefits.

In the long term, the cost of future medications, treatments, and rehabilitation should also be a part of your settlement agreement. If you suffered an injury, knowing the cost of decades of medications, treatment, rehabilitation, and pain and suffering is difficult to compute, even for highly experienced attorneys.

Experience in the area is essential, and without the assistance of an attorney, it is not likely that you can receive full coverage for your damages, leaving you to pay bills out of your own pocket in the future.

Your experienced medical malpractice attorney will work with their network of medical and occupational experts to determine the full costs associated with your injury, both in terms of healthcare and lost earnings related to your injury.

We then compare this amount to similar cases and settlement amounts that your attorney will know through their experience. We use these amounts to negotiate the best possible compensation for your injuries with the insurance companies and opposing parties.

Your attorney must accurately calculate the damages associated with your injury. If you have suffered an injury for the first time, you will not likely know the process of determining how much your injury will cost not only in the weeks and months after but the decades that follow.

A minor injury can grow into something major that can limit your ability to work and support your family. An incomplete settlement can leave you footing the bill for the cost of your injury. With an attorney from Zayed Law Offices by your side, you can rest assured that we will incorporate the full costs of your injury into your settlement demand.

When you contract with a medical malpractice attorney, they step into your shoes and handle all the communications and negotiations for you, removing the stress from your day-to-day life. The process begins by accurately measuring the damages associated with your injury. This will require follow-up medical exams and input from the medical experts in your attorney’s network.

A healthcare professional will first assess your injury and determine the symptoms and its costs. Then, an occupational expert will assess the implications of your injury upon your ability to work. Your damages will include compensation for the medical costs and lost earnings associated with your injury, and an experienced medical malpractice attorney knows what similar cases resulted in and how to ensure that you collect the full damages you deserve.

Most people worry that an attorney will cost more than they can afford. This is not always the case.

In fact, we take our medical malpractice cases on contingency.

When we take your case on contingency, you do not have to pay anything out-of-pocket, and your attorney only collects payment if they win your case. This motivates your attorney to fight for as much as possible.

You are not obligated to pay an attorney anything until you sign a payment arrangement. This means that you can reach out to a local attorney from Zayed Law Offices for input on your case without any worry of being charged anything until the firm agrees to take your case and you agree to the payment terms offered.

While law firms cannot take every case that comes their way, when we take your case at Zayed Law Offices, you can count on a team of dedicated professionals providing you with customized service for your injury claim.

All individuals have a legal right to a copy of their medical records. You simply need to request a copy from the records department of the hospital that performed your procedure. You might need to make this request in person or online, and sometimes a small fee might need to be paid to the records department.

You do not have to provide any reason for your request, so make no accusations at this point about medical malpractice or your injury.

As soon as you suspect you might have suffered preventable injuries in a medical procedure, request a copy of your records, and reach out to your local medical malpractice attorney from Zayed Law Offices. With a copy of your records and expert medical opinions, we can identify any standard of care issues. If medical malpractice occurred, we can represent you at every step of the process to ensure that you collect the full amount you deserve.

Most basically, medical malpractice stems from a mistake made by a caregiver during a medical procedure. The last thing you expect when you go to a doctor and the hospital to fix a healthcare issue is further injury.

Medical malpractice is something that is a risk that is inherent to the practice of medicine, as operations are inherently risky.

When you undergo an operation, certain risks are common. Others are not, and when a mistake happens, you may seek compensation to cover the costs associated with the injury that resulted. Central to explaining medical malpractice is the concept of the standard of care.

Once the doctor-patient relationship has been established, the healthcare provider must adhere to the applicable standard of care. A patient bringing a medical malpractice claim must show that the healthcare provider breached the applicable standard of care, that the breach caused injury, and that the breach caused the patient’s injuries.

 

Prosecuting a claim for medical malpractice can be time consuming, complicated, and costly. Contacting an attorney who has a proven track record of excellence is an essential part of bringing a successful medical malpractice claim.

Very often doctors undertake risky procedures without any guarantee of success, and a bad result alone is not evidence of medical malpractice. One of the most solid grounds for suspicion of medical malpractice is when the results of a procedure are widely unexpected. It is important to look into any suspicions of medical malpractice, and this is best done by contacting an experienced medical malpractice law firm. An experienced medical malpractice attorney will review the records of healthcare professionals and may order additional tests and exams.

In the event of medical malpractice, health care providers can be held responsible as well as the institutions they are affiliated with. An experienced medical malpractice attorney will be able to identify ALL parties who are responsible.

Two years is the general time limit for filing suit for injury or death in Illinois. However, there are many nuances that apply to medical malpractice statutes of limitation. The statute of limitations for medical malpractice lawsuits is from one to seven years depending on the facts of the case. It is best to contact a personal injury attorney in order to consult with an attorney who will guide your case through the gauntlet of applicable statutes of limitations.

One of the most important things to do in the event of a suspected medical malpractice is to avoid outright accusations toward your healthcare provider. Make sure that you request your medical records and then consult an experienced medical malpractice attorney to review the records and provide guidance on your potential cause of action.

Signing a consent form means you have acknowledged that there are known risks associated with your medical treatment. A signed consent form does not mean that you have consented to medical treatment below the applicable standard of care owed by all healthcare providers to their patients.

Amounts recovered from medical malpractice lawsuits are generally not taxable.

All patients have a legal right to obtain a copy of their medical records. These requests should be made in writing and must include details like the patient’s social security number, address, date of birth, etc. Requesting medical records can be very timely and may require payment of fees to the records department providing the records.

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