Emergency rooms are the busiest areas in hospitals. If an emergency room is understaffed and there is insufficient communication between parties, the chances for misdiagnosis, delayed diagnosis or medication errors become much higher. In fact, most misdiagnosis cases occur in situations where a patient has been admitted to the ER for treatment. If you or a loved one is a victim of hospital negligence, it is in your best interests to promptly seek advice from an experienced hospital malpractice attorney.
Serving the Chicago and Joliet areas, we at Zayed Law Offices are widely known for our ability to take on complex medical malpractice cases involving hospital negligence, medication errors, birth injuries and more. Have questions? Read our Protecting Your Rights page for more information.
Hospital Malpractice: Misdiagnosis And Failure To Diagnose
Misdiagnosis, delayed diagnosis or failure to diagnose an illness or disease such as heart attack or stroke can result in disastrous and irreversible health issues. Attorney Adam Zayed is one of the leading attorneys in Illinois handling hospital malpractice cases involving:
- Failure to diagnose cancer
- Failure to diagnose stroke
- Failure to recognize warning signs of heart attack or stroke
- Failure to order proper testing
- Failure to recognize signs of distress
The investigation process is one of the most important steps involved in establishing a case for hospital negligence. Our highly skilled team has the resources, technology and tools available to determine the tests that should have been ordered and how the proper diagnosis should have been determined. We also maintain close relationships with some of Chicago’s top medical experts who can provide authoritative statements about the medical treatment that should have been given in your situation.
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 not do.
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.