The advances we as humans have made in modern medicine are extraordinary and abundant, resulting in increased life spans, a decrease in disease, and the ability for us to treat conditions previously thought to be fatal.
That said, the foundation of any medical treatment is an accurate and proper diagnosis which is generally the result of the appropriate examinations and tests, which all must be performed precisely and interpreted correctly.
When you or a loved one see a doctor, go to a hospital, or otherwise receive any kind of healthcare, then you are placing your trust in their hands and have to assume they will provide the best possible treatment for your injury or ailments.
But things can go wrong and your or their condition may worsen or you or they may experience a life-altering traumatic injury.
These injuries can even result in wrongful death.
This is when medical malpractice lawsuits come into play.
Chicago Medical Malpractice Lawsuits
Unfortunately, despite our medical and scientific achievements, humans are fallible and, in some instances, doctors or physicians and other medical professionals may act in a negligent manner.
This can result in serious harms or injuries to innocent people.
Even something as simple as a delayed or missed diagnosis or treatment can result in a catastrophic injury, reduced quality of life, or potentially a loss of life.
In any event, doctors and other medical professionals are required to abide by a certain standard of care.
When deviations from this standard of care occur for any reason including but not limited to misdiagnosis, a failure to diagnose, or a delayed diagnosis, it is the patient and their loved ones who ultimately suffer as a result of medical malpractice.
Around 42% of patients feel that they have suffered from a physician’s medical error or missed diagnosis according to recent studies.
Perhaps what is even more astonishing and concerning is that the rate of doctor’s misdiagnoses has not fundamentally improved since the 1930s.
Sadly, the cost of medical tests, drugs, and operations can overshadow patient health and safety in terms of importance in today’s hospitals and medical clinics, despite the possibility of medical malpractice lawsuits.
However, there is recourse for you and your family in the case of medical malpractice or negligence.
While our medical malpractice attorneys understand that nothing can make you whole again or return you and your family to the state you were in before the malpractice or medical mistake or negligence occurred, we also know that you are entitled to compensation.
Furthermore, the associated suffering from inadequate or negligent health care can be a time of confusion and financial burden as well as physical trauma.
That is why our medical malpractice attorneys are here to help at no out-of-pocket cost to you and your loved ones.
What Can a Medical Malpractice Attorney Do for Me?
A malpractice attorney can help you get justice and recover damages in the event of medical malpractice.
If you believe that you or a loved one or family member have suffered due to medical malpractice in Chicago or the surrounding areas of Illinois, then you should contact our Chicago medical malpractice attorneys today.
Dealing with the after-effects of medical malpractice or even wrongful death can be nearly as traumatizing and difficult as the medical treatment or medical negligence itself, so hiring a personal injury attorney experienced with malpractice cases is essential in order to recover damages and for you and your family’s peace of mind.
The personal injury attorneys at Zayed Law Offices handle medical malpractice and misdiagnosis cases in Chicago and the surrounding suburbs and counties.
As one of the fastest-growing medical malpractice firms in the area, we have a proven track record of obtaining significant settlements and verdicts on behalf of our clients.
If you think you or a family member have a medical malpractice case, contact us for a free phone or video call or in-person consultation and visit our page on protecting your rights as a victim of negligence for more information.
Your consultation is always free and we do not collect any fees until we secure a judgment in your favor and recover the damages you and your family are owed.
What is Medical Malpractice?
Medical malpractice is any health care or medical treatment that deviates from the commonly acceptable applicable standard of care for a particular illness, injury, or health ailment.
A standard of care is generally defined as the minimum level of care that should be exercised by a health care provider, and it requires all medical professionals (such as doctors, nurses, nurse practitioners, and any other healthcare professional you may encounter during the course of treatment) to exercise the same degree of knowledge and care that a reasonably careful healthcare provider would use in similar situations.
When medical malpractice is committed, the standard of care is considered to have been violated. Violations of the standard of care occur in two situations:
- When a health care provider does something that a reasonably careful provider would not do in that situation.
- When a health care provider fails to perform an action that a reasonably careful provider would perform.
While doctors often undertake risky procedures in tough circumstances without any guarantee of success for their patients, a poor result alone is not sufficient evidence of medical malpractice.
However, if the results of a medical procedure are very unexpected, it can be evidence of malpractice and be solid grounds for a future medical malpractice claim.
If you or a family member undergoes a medical procedure and the results seem to be completely at odds with expectations or otherwise extremely unusual or unlikely, then you should consult with an experienced medical malpractice attorney as soon as possible.
A medical malpractice lawyer will review the medical records of the health care professionals who treated the individual in question and may order additional tests and exams in order to clarify the situation and move forward with the case.
Why Do I Need a Medical Malpractice Attorney?
A medical malpractice attorney can do everything from help you determine if you have a cause of action for a malpractice lawsuit to assisting you with filing the lawsuit and taking your case through mediation and if necessary, a trial where a judge or jury will render a verdict.
When Do I Hire a Medical Malpractice Lawyer?
You should hire a malpractice lawyer as soon as possible after you suspect that you or a family may have suffered due to medical malpractice or medical negligence.
With any kind of personal injury lawsuit, evidence should be collected as quickly as possible and shared with your medical malpractice lawyer.
Where Do I Find a Chicago Medical Malpractice Lawyer?
You can start at our Chicago personal injury law offices.
The personal injury attorneys at Zayed Law Offices have extensive experience handling all types of malpractice lawsuits and will ensure that your voice is heard and you recover the damages that you are owed, as well as compensation for your pain and suffering.
How Do I Find a Chicago Medical Malpractice Attorney?
If you or a family member are in need of a medical malpractice attorney to help you determine if you have a valid malpractice case, file a lawsuit, or handle any other aspect of your case, look no further than the well-established personal injury lawyers at Zayed Law Offices.
With offices located in downtown Chicago, Wicker Park, and throughout the greater Chicagoland area and surrounding counties, the team at Zayed Law Offices is here to help you during difficult times.
Who Files a Medical Malpractice Lawsuit?
You can file a medical malpractice lawsuit yourself or file one on the behalf of an immediate family member if they are incapacitated.
A medical malpractice attorney can represent you and your family’s interests during a lawsuit and help you navigate the court system, deal with insurance companies and their representatives, and all other parties during this complicated and difficult time in your life.
How Do I File a Medical Malpractice Lawsuit?
If you believe that your family member may have suffered physical harm or injury due to medical negligence, medical errors, or medical malpractice, the first step is contacting a personal injury lawyer to determine if there is a cause of action to file a lawsuit.
From there, you can request medical records, determine the exact parties at fault, the damages you can recover, and where to file the lawsuit.
Once it has been established that you have a cause of action for a medical malpractice lawsuit, then you and your malpractice lawyer will file suit in the appropriate jurisdiction.
Who is at Fault in a Medical Malpractice Case?
Multiple parties can be at fault in a medical malpractice or medical negligence lawsuit.
For example, the individual health care provider or providers (the doctors, nurses, nurse practitioners, and other professionals involved in the case) can be considered responsible, as well as the institutions they are affiliated with or employed by.
Your medical malpractice attorney can help you determine which parties are at fault in your particular case and who to file a lawsuit against in order to recover the damages you are owed.
They will also help you determine the proper jurisdiction and if your medical malpractice case should be considered part of a class action or multi-district litigation case.
Medical Malpractice and Class-Action Lawsuits
If your medical malpractice case was due to an issue with a doctor or health care institution that has been or is being sued by other plaintiffs for similar injuries or harms perceived to be due to medical malpractice, negligence, or medical mistakes, then you may be eligible to participate in a class-action lawsuit.
These types of cases occur when a large number of individuals have a reason to sue the same defendant for medical malpractice.
Class-action lawsuits are different from multi-district litigation in that they involve one lawsuit filed against one party or defendant by a large number of plaintiffs who have suffered similar harms.
They are filed when it is discovered that a given physician, hospital, or other medical provider has been accused of similarly harming multiple patients.
Medical Malpractice and Multi-District Litigation
If your medical malpractice case was due to an issue with a prescription or over-the-counter medication or medical device, then you may be eligible to participate in a multi-district litigation or MDL case.
These types of cases occur when there are one or more common questions of fact that have been transferred from different districts by the Judicial Panel on Multi-District Litigation to a single district for coordinated or consolidated pretrial proceedings.
If your medical malpractice injuries or harms were the results of a defective drug or medical device, then you may be considered part of an MDL case and your medical malpractice lawyer can advise you as to the next steps to become involved and participate in the settlements.
MDL cases are different from class-action lawsuits in that they involve multiple lawsuits filed by different parties that are consolidated into one series of proceedings for efficiency and efficacy.
They are often filed against pharmaceutical companies or medical device manufacturers but MDLs are not limited to these circumstances.
Types of Medical Malpractice Lawsuits
Every case is different and there are many different types of medical malpractice cases and lawsuits.
Our Chicago medical malpractice attorneys handle all kinds of cases, including but not limited to the following common ones:
Birth Injury Medical Malpractice
A medical malpractice case that results in a birth injury to the child, mother, or both can be especially heartbreaking and traumatizing for a family.
While sometimes birth injuries can be caused by natural complications, many birth injuries occur because of mistakes made by medical professionals involved in the baby’s delivery.
Always consult a Chicago birth injury lawyer with experience handling extremely sensitive cases like birth injury medical malpractice lawsuits if you suspect that a family member or loved ones’ birth injury was caused by a healthcare professional’s error or negligence.
Nursing Home Injuries and Elder Abuse Medical Malpractice
It is beyond appalling to discover that your family member or loved one suffers due to medical neglect or abuse at the hands of nursing home staff or employees of a long-term care facility.
Naturally, you want to seek justice and recover damages on their behalf.
Nursing home injuries can be considered medical malpractice in many cases and the offenses can range from outright physical abuse to simple negligence or not getting the care to which they are entitled, or a range of unfortunate possibilities in between.
Either way, your family member or loved one should be enjoying their golden years with respect and dignity, which is why you should contact a highly qualified nursing home abuse lawyer as soon as possible if you believe your relative is suffering from elder abuse.
Brain Injuries and Medical Malpractice
Brain injuries can be especially impactful and devastating since they can affect literally every aspect of you and your family’s lives.
While the leading cause of traumatic brain injuries is serious personal injury accidents like car accidents, motor vehicle wrecks, and collisions, truck accidents, and highway accidents, serious brain injuries can also result from slip-and-fall injuries, construction accidents (such as falls from scaffolding or high platforms, or electrocution), or medical neglect or malpractice.
If you suspect your family member or loved one suffered a brain injury due to medical negligence or mistakes like failure to notice drug interactions or drug allergies, failure to diagnose or misdiagnosis, or another catastrophic but preventable occurrence during any kind of medical treatment performed by a health care professional, you may have a cause of action for a medical malpractice lawsuit.
Contact a Chicago brain injury lawyer to understand what your rights are.
Hospital Malpractice Lawsuits
If you or a loved one suffered injury or harm as the result of medical negligence at a hospital or clinic, then working with a medical malpractice attorney who has experience investigating claims of hospital negligence is particularly essential.
Our medical malpractice attorneys have an extensive background in the medical malpractice investigation process in Illinois and the Chicago area.
Our hospital malpractice lawyers have the best-in-class resources, tools, and technology available to help you determine failure to diagnose, misdiagnosis, and more that may have occurred due to failure to order the proper tests, determine medication interactions, or any other negligence or errors that may have happened.
Surgical Errors and Medical Negligence
In the event of a personal injury due to a surgical error or similar medical malpractice that occurred during a surgical procedure, you are entitled to compensation for your loss.
While our surgical error lawyers understand that nothing can fully restore you to the same state you were prior to the medical mistake or neglect, we can help you recover maximum damages and fight to help you receive the financial resources that you will need in the present and in the future as you recover and attempt to maintain quality of life.
Bile Duct Injuries and Medical Malpractice
If a surgeon severs a bile duct while performing a surgery, the patient can experience excruciating pain and other resulting medical conditions that they would not have otherwise suffered from.
What’s more, the patient in question 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 medical negligence.
Often, bile duct injuries cause gallstones (small, hard bits of crystallized cholesterol and bile salts) to form in the gallbladder or bile duct and block the flow of bile to the intestinal tract.
This then causes the gallbladder to swell and causes excruciating and incapacitating abdominal pain.
Generally, when a patient suffers from gallstones or related maladies and the corresponding severe pain the recommended method of treatment is gallbladder removal surgery.
Contact our medical malpractice attorneys to see if you have case for a common bile duct injury lawsuit.
Anesthesia Malpractice Lawsuits
The improper application of medical anesthesia can be devastating, causing lifelong trauma such as brain damage, paralysis, and even wrongful death.
If you believe that you or a family member have suffered from anesthesia malpractice then you need an experienced medical malpractice attorney to help you organize and document the facts of your case in order to ensure that you or your loved one receive the compensation you deserve from your anesthesiologist and the institutions they are employed by, or the applicable insurance providers.
Failure to Diagnose and Medical Malpractice Lawsuits
A failure to diagnose, a misdiagnosis, or a delayed diagnosis can be disastrous, especially if the patient in question has cancer, heart disease, or other precarious health condition, injury, or ailment where time to treatment is extremely important.
A failure to diagnose an injury or illness in a timely fashion can drastically lower a person’s quality of life and even lead to a fatality.
If you or a family member have suffered as a result of a doctor or similar health care professional’s failure to properly and accurately diagnose or quickly assess a medical condition, you should contact a medical malpractice attorney who has experience handling failure to diagnose lawsuits as soon as possible in order properly investigate your claim, file a lawsuit, and get the compensation to which you are entitled to in the eyes of the law.
Broken Bones or Orthopedic Injuries and Medical Malpractice
If you or a loved one experienced a broken bone or similar orthopedic injury due to the negligence of a medical professional, you may be owed compensation and be able to file a lawsuit to recover damages.
You should know that a fracture or broken bone happens when a force is applied to the bone that is stronger than the bone itself.
The risk of fracture or orthopedic injury depends on a number of factors, including the age of the individual in question.
While children are more susceptible to less serious fractures, their bones heal more quickly in most cases; on the other hand, the elderly are more prone to serious fractures because bones grow more brittle and easier to damage with age.
Accordingly, if your elderly relative or loved one experiences an orthopedic injury or broken bone during the course of medical treatment, you should contact a bone fracture lawyer to help you investigate a potential claim as soon as possible, since they may be entitled to compensation.
Medication Errors and Medical Malpractice Lawsuits
Any patient’s health can suffer drastically as a result of not receiving proper treatment and that includes the correct dosage of medication.
After all, proper medical treatment involves not only being appropriately diagnosed but receiving the appropriate type and amount of medication for your health conditions and circumstances.
Medication errors are often tied to medical negligence, failure to diagnose, or misdiagnosis.
This is because if the underlying cause of your illness or injury is not correctly determined, the appropriate course of treatment including medication cannot be fully implemented.
Regardless of the actual type of miscommunication or medical error, a medication errors lawyers can help you determine the right course of action in your case, represent your interests in court, and help you get compensation or recover damages.
Lacerations, Scars, Burns and Medical Malpractice Lawsuits
If you are injured or undergo medical treatment that results in a life-altering or disfiguring scar, burn, or laceration, or other permanent alteration of your appearance, you may be entitled to compensation if that injury was caused as a result of a medical error, negligence, or accident.
If you think that your scars or burns were caused by avoidable medical treatment or negligence or errors during the course of said treatment, contact a personal injury attorney as soon as possible.
Dental Medical Malpractice Lawsuits
Dental treatment can be just as risky as any other type of medical treatment, particularly oral surgery or any dental treatment that involves a medical device implanted, installed, or otherwise applied.
If you have suffered injury or harm due to the treatment, negligence, or actions of a dentist or dental professional, then you may have a cause of action for a medical malpractice lawsuit.
Medical Malpractice Lawyers and Wrongful Death Lawsuits
Sadly, sometimes medical malpractice also results in a fatality or wrongful death.
If someone you love passes away as a result of medical negligence, error, or other malpractice there may be a cause of action for a medical malpractice wrongful death lawsuit.
If you suspect that negligence was involved during any kind of medical treatment that resulted in a fatality or fatalities, then contact an established medical malpractice or wrongful death attorney as soon as possible to determine the next steps for your case.
Medical Malpractice Damages and Medical Malpractice Settlements
When someone suffers a severe injury or physical harm caused by medical malpractice or medical negligence, the individual and family involved may be owed monetary damages to compensate for their losses.
This compensation or recovery of damages can cover both monetary losses (e.g., medical bills) and intangible losses such as a reduced quality of life.
The damages recovered during a medical malpractice lawsuit include but are not limited to past and future medical expenses, additional health care costs including counseling, occupational therapy, in-home care providers, special vehicles or equipment, and modifications to the home, lost wages, loss of society and companionship, loss of life’s enjoyment, and pain and suffering or emotional distress.
Medical Malpractice Trials
While a medical malpractice case may be settled out of court for a monetary amount agreed upon by both the defendant and plaintiff and their lawyers, a medical malpractice or medical negligence case may go to trial if a satisfactory settlement cannot be reached.
Medical malpractice lawsuits go to trial due to a number of reasons.
For instance, if the health care provider or negligent party or parties are solely at fault but their insurance won’t acknowledge the fault of the policyholder, the case may be taken to trial to enable a judge and jury to decide if damages should be awarded and in what amounts.
How Do I Start the Medical Malpractice Lawsuit Process?
The medical malpractice lawsuit process begins when you contact a personal injury lawyer to discuss your potential case.
They will advise you as to the next steps and contact the appropriate parties from your insurance company, the healthcare provider’s insurance company, and others.
Do not speak to insurance company representatives or anyone else involved in the potential or current lawsuit unless it is via your medical malpractice attorney.
Your medical malpractice attorney may also bring experts who are familiar with your type of illness or injury or similar cases to provide their knowledge to the judge or jury as the case progresses.
You will also want to obtain copies of your medical records.
All patients have a legal right to obtain a copy of their medical records, and parents have a right to obtain the medical records of their minor children.
A request for medical records should be made in writing and must include details like the patient’s social security number, address, date of birth, and other pertinent details.
Requesting medical records must be done in a timely fashion and may require payment or fees due to the records department of the medical facility or institution providing the records.
What Should I Do During a Medical Malpractice Lawsuit Trial?
The best way to help your case and successfully navigate the complicated legal system during a medical malpractice lawsuit or any other personal injury case is to avoid direct contact or outright accusations towards the defendant which could be your doctor, another health care provider, their associates, or the institution they work at or are employed by.
Prior to bringing up any type of medical malpractice lawsuit, be sure to request your medical records and consult with an experienced personal injury lawyer with a background in medical malpractice to review the records and get guidance as to your potential cause of action, appropriate jurisdiction to file a lawsuit, the parties at fault, and other details.
All communication with the defendants or potential defendants during a medical malpractice case should be through your attorney.
Consent to Medical Treatment and Medical Malpractice Lawsuit Cases
Signing a consent form for health care or medical treatment does not mean that you cannot file a justified medical malpractice lawsuit.
While any medical treatment requires that you or your guardian (in the case of a minor or child) sign the necessary consent forms, merely signing the form does not mean that you do not have a medical malpractice case or that you have consented to medical treatment below the applicable standard of care owed by all health care providers and professionals to their patients.
Types of Recovery in a Medical Malpractice Lawsuit?
While the amounts recovered for damages in a medical malpractice lawsuit case vary based on the type of harm or injury, the extent of the damage, and a number of other factors unique to each case, the total compensation typically covers immediate and future medical costs and the care required to maintain the best possible quality of life for the individual who suffered from the medical mistake or negligence.
Compensation for pain and suffering or emotional distress may also be involved.
If there was a fatality or loss of life related to the medical malpractice, then there may be a case for a wrongful death lawsuit as well.
Amounts recovered from medical malpractice lawsuits are generally not taxable in Illinois or most other states.
Statute of Limitations on Chicago Medical Malpractice Cases
In Illinois, the statute of limitations on medical malpractice claims or lawsuits clearly states that lawsuits may be filed within 2 years of the date of knowledge of the related harm or injury.
Note that this doesn’t necessarily mean two years from the date of the surgery or other medical treatment you may have received, but two years from the date of discovery or knowledge of the problem or injury that may have been caused by malpractice or negligence.
Our Medical Malpractice Attorneys Are Here to Help
An injury from a medical mistake or negligence can be a catastrophic event that affects you, your family, and even your career or future earning potential in many complicated and devastating ways.
Furthermore, the effects of suffering from an injury or harm resulting from a medical error or negligence and related complications can last for many years into the future, affecting your physical and mental health, medical costs, current and future income, and even the rest of your family’s future.
If you lose earning capacity or the ability to care for yourself and someone in your family has taken on the role of caregiver or otherwise has to step back from their employment to meet your needs then you are due compensation for these damages.
Moreover, if you’ve lost a loved one to medical malpractice or errors or mistakes made by a healthcare professional, you deserve a settlement and to deal with the grieving process as best you can without the extra stress of dealing with insurance companies and other third parties.
All of the above reasons are why you should work with a medical malpractice attorney who has experience dealing with the aftermath of a traumatic experience with the health care system and associated mental and physical health conditions.
Our personal injury lawyers understand the unique complexities of medical malpractice cases and we can help you recover costs for the pain and suffering, loss of earnings, loss of earning capacity, medical bills, disability, and emotional distress for you and your family.
Have you or a family member suffered from medical malpractice and do you think you need a personal injury lawyer to help you file a lawsuit and recover compensation for damages?
We welcome the opportunity to speak with you about your legal situation and help you determine the next steps in your medical malpractice or medical negligence case.
We are here to support you and mitigate the harms or injuries caused to you and help you and your loved ones find the best possible path forward.
Please contact Zayed Law Offices and schedule a free and confidential consultation by completing our short contact form.
We’ll schedule a time that is convenient for you and please note that you will not pay lawyer’s fees unless we recover compensation for you.