Chicago Klumpke’s Palsy Lawyer

Whether or not a medical professional violated the standard of care in your procedure and the resulting injury provides you with a medical malpractice claim depends on the unique facts and circumstances surrounding your injury. The standard of care that applies to your particular procedure will be the starting point, which is collected by referring to medical expert opinions, in addition to prior lawsuits and cases related to the same procedure.
Prior lawsuits and case precedent help your medical malpractice attorney determine the norms of a particular procedure. This information can also help determine what damages you are entitled to for your injuries.
Your medical malpractice attorney will take the medical records of your procedure and compare them to the standard of care that applies. By analyzing your injury, the procedure conducted on you, and the standard of care that applies, your attorney will determine the level of liability for your injury and all responsible parties.
Your attorney will then take this information to begin measuring what your damages are and what level of compensation you might be entitled to for your injuries. This requires experience with medical malpractice cases, knowledge of how to negotiate with insurance companies, and if a settlement cannot be reached, with the court procedures and case precedents in your area.
When you are trying to recover from your injury, the last thing you will have time to do is learn the law and case precedent and then gain years of experience negotiating with insurance companies to best serve yourself in your case. This is where your medical malpractice attorney evens the playing field for you against the insurance company.

When you have suffered an injury in an instance of medical malpractice, the doctor and medical facility in which the injury occurred will most likely be liable, and in turn, their insurance companies.
 
Doctors and medical facilities have medical malpractice insurance to compensate patients when mistakes inevitably happen so that they protect their practice against the potentially costly risk of malpractice. When you have suffered an injury in a medical procedure, you'll first need to accurately calculate your damages, as we discussed above, and from there issue a claim to the insurance company.
 
Whether or not your initial claim is accepted depends upon its accuracy, completeness, and the level and value of the evidence you have provided.
 
Your medical malpractice attorney has a network of medical and occupational experts to provide evidence and opinions about how your injury will impact your health and ability to work in the long term. Without the advocacy of a medical malpractice attorney, you may encounter difficulty recovering what you are entitled to from the insurance company and even more difficulty overcoming an initial denial upon appeal.

Collecting damages for your medical malpractice injury begins with issuing your claim. There is a legal concept known as a statute of limitations, which is the time frame during which you can bring a claim. If you do not file a claim in this period, your rights to do so expire.

For example, if there is a one-year statute of limitations for a particular claim, then you can file a lawsuit for up to one year after the date of the incident that caused the claim. In terms of injury or death in Illinois, generally, the statute of limitations to bring a claim is two years. Medical malpractice, however, is more complicated, and the statute of limitations can vary from one to seven years, depending on the unique facts and circumstances surrounding your case.

When you have suffered an injury in a medical procedure, it can take some time to realize the full extent of the harm you have experienced. You are doing your best to recover from the injury while getting on with your life, and it can take time to realize what happened and that your injury was not something that should have developed following your procedure. The statute of limitations allows you and your attorney time to collect the evidence you need to make a case and get moving on your claim.

Doctors and healthcare facilities may require that you sign a consent or waiver form before undergoing a procedure. What a waiver or consent form means is that you agree to undertake the procedure and the risks that are related to the procedure when performed up to the standard of care.
 
Some risks are normal within the scope of a particular procedure, and patients who undergo the procedure must agree to these risks to have the operation. Medical malpractice is outside the scope of waiver or consent. No one can ask you to waive your right to damages if you suffered an injury due to the negligence or recklessness of a doctor or healthcare facility.
 
When you have suffered an injury due to a violation of the standard of care, the doctor or healthcare facility has engaged in negligence or recklessness, which they are liable for. In turn, they will look to the insurance companies that cover them for medical malpractice for coverage on your damages. While your doctor or the hospital might try and lead you to believe that you are not entitled to anything for your injuries due to your consent form or waiver, speaking with a medical malpractice attorney to assess your records is the best way to know.

The amount that you recover for your medical malpractice damages is generally not taxable, which means that more of that amount goes into your pocket to cover the costs associated with your injury.
 
As we'll discuss below, the amount that your medical malpractice attorney charges for your case depends upon what you and your attorney agree upon. If your attorney has taken your case on a contingency basis, not only will you have no out-of-pocket expenses, but your attorney collects an agreed-upon portion of your winnings, so the more they make, the more you make. This creates positive motivation for your attorney to do as well as possible in your case.

Getting copies of your medical records is as simple as requesting them from the records department and potentially having to pay a fee to the records department for your copy. You are legally entitled to a copy of your medical records upon request and do not have to provide a reason for your request.
 
In fact, most will suggest that you not mention to your healthcare provider, doctor, or the records department that you are requesting your records because you suspect medical malpractice. Simply request your records, and reach out to a personal injury attorney with a medical malpractice focus to determine what damages you are entitled to for your injuries.

The price of your medical malpractice attorney can be nothing out-of-pocket at all if your attorney takes your case on contingency. When you have experienced an injury during a medical procedure that is against the standard of care, you are entitled to damages, and a medical malpractice attorney may be willing to take your case on contingency, which means they only collect payment if they win on your case, out of a portion of the earnings they produce for you.
 
Before getting started, you and your attorney agree upon a percentage that your attorney will make out of what they earn for you, which means that your attorney is motivated to earn as much as possible for you, as your earnings are linked. You pay nothing out-of-pocket, and your attorney collects payment if they win on your behalf.

Reaching out to a local medical malpractice attorney from Zayed Law Offices is a no-risk opportunity to explore options on your case. If your case is a fit with our firm, we will provide you with top-notch legal representation through every step of the process. You are not obligated to pay anything until we agree to represent you and agree upon payment terms, so reach out to discuss how to recover the most compensation for your medical malpractice injury now.

Medical malpractice is when a healthcare provider violates the “standard of care” that the patient is entitled to concerning the procedure they are administering. A standard of care is the basic level of quality and/or care that a reasonable medical professional would employ when performing the particular procedure under question.

This is a difficult concept to define as each procedure will have a different standard of care. To learn what the standard of care for a procedure takes experience, the experience that doctors and healthcare facilities have and can use against you. The good news is that your medical malpractice attorney can put their knowledge and experience to work in favor of your claim and challenge any defenses by negligent doctors.

If you think that you have experienced medical malpractice and been injured due to a procedure, it is important that you not directly accuse your doctor or healthcare facility of medical malpractice. This can alert them to the problem and cause issues in terms of evidence collection later on that can be important for your case.

Simply request a copy of your medical records according to the law, then contact a medical malpractice attorney from Zayed Law Offices as soon as possible to determine options in your case.

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.