When you place your trust in medical professionals, it is because you expect them to keep you safe and follow the appropriate standards of care. Unfortunately, Joliet doctors don't always deserve that trust. The consequences of medical malpractice can be devastating for victims and their families, especially when they lead to permanent, life-changing injuries. Along with causing significant pain and stress, medical mistakes can also lead to a heavy financial burden from medical expenses and lost wages.
At Zayed Law Offices, we are passionate about helping medical malpractice victims in Joliet navigate this heartbreaking situation. If the negligence of a medical professional harmed you, our Joliet medical malpractice lawyers can help you hold them accountable and receive fair compensation.
Skilled Medical Malpractice Lawyers in Joliet, IL
The team at Zayed Law Offices has more than ten years of experience resolving medical malpractice suits against high-profile medical institutions in and around Joliet. Our Joliet personal injury attorneys have seen firsthand the pain, confusion, and stress that victims experience as they try to recover from serious injuries while navigating the legal system.
We offer compassionate service and unwavering dedication to helping malpractice victims pursue compensation. Lead attorney Adam J. Zayed recovered an award of $950,000 for one recent case that involved negligence during gallbladder removal.
If you or a family member suffered from a medical mistake, our team can work tirelessly to investigate what happened, build a strong case, and fight vigorously for your legal rights. Contact us to share details of your situation, and we can help you determine the best options for your case going forward.
What Counts as Medical Malpractice Under Illinois Law
Doctors, nurses, anesthesiologists, and all other health professionals should follow a set of specific practices while treating patients for that particular situation. These standards are developed based on evidence of what is considered safe and appropriate, so deviating from them can lead to highly negative outcomes for patients.
A medical professional who does not adhere to the applicable standards and harms a patient may have committed medical malpractice. Some of the most serious examples are:
Misdiagnosis
The diagnosis process is essential for providing patients with the right care, especially in health conditions where timely treatment makes a big difference. A misdiagnosis or delayed diagnosis can be disastrous to the patient's outcome and may even prove fatal. If the diagnosis failure happens due to negligence, it is an avoidable problem and, therefore, medical malpractice.
For example, a doctor may skip the diagnostic tests that would be reasonably required based on the patient's symptoms or fail to examine the patient's chart properly and miss something important. Any lapse in the protocol that leads to misdiagnosis can have serious consequences for the patient and may become grounds for a medical malpractice claim.
Surgical Mistakes
Some of the most catastrophic examples of medical malpractice will happen in the course of surgeries, which are incredibly risky procedures even when everything goes according to plan. When the surgeon does not follow a safe protocol, the consequences can be very severe.
Surgical errors can include operating on the wrong body part or performing the wrong procedure, leaving instruments behind inside the patient, or damaging healthy organs. Another form of negligence can happen after the surgery if health care professionals fail to provide the patient with proper post-operative care, which can lead to infections, internal bleeding, and other severe complications.
Medication Mistakes
Medication mistakes are one of the most common and potentially serious forms of medical malpractice. The patient's health can suffer from being administered the wrong drug or an incorrect dosage of the right one. Doctors who do not closely review the patient's medical history can also fail to notice an allergy or potential interactions with other drugs in the patient's system.
All medication errors can have grave consequences, which is why medical providers should put in place and follow systems to prevent them. Health professionals that do not adhere to these standards may be held legally responsible.
Anesthesia Errors
Medical malpractice from an anesthesiologist can be just as devastating as surgical mistakes and may lead to permanent injuries like brain damage. These errors can include administering too much anesthesia for the patient's body weight, failing to monitor their vital signs, not intubating properly, or using defective equipment.
Childbirth Injuries
Medical malpractice that involves birth or pregnancy can be especially heartbreaking for any family to experience. While some birth complications result from natural factors, the medical professionals involved can cause them. These acts of negligence may harm the child, the mother, or both.
During the birth itself, medical professionals might cause fractured bones, nerve damage, or seizure disorders like Cerebral Palsy. Negligence during prenatal care can also lead to serious issues, such as failure to diagnose an ectopic pregnancy or not ordering a caesarian operation when appropriate.
Types of Compensation That May Be Available For Medical Malpractice
Being a victim of medical malpractice is likely to throw your life into complete disarray, including expensive hospital bills, not being able to work during your recovery, and potentially having long-term health consequences. Pursuing legal action against negligent health professionals allows victims to get the resources they need to put their life back on track.
The job of an experienced malpractice attorney is to show all the damages you have suffered and will continue to suffer because of someone else's carelessness. Depending on the details of your case, the types of compensation you may be entitled to pursue will include:
Economic Damages
Victims of medical malpractice will usually face significant financial burdens from the complications that follow when they have received substandard treatment. It is up to your lawyer to demonstrate all the ways you have been financially impacted, such as all medical bills, including the long-term costs of ongoing medical care like physical therapy.
The affected patient can also recover compensation for any lost income related to the incident. In the case of catastrophic, life-changing injuries, your medical malpractice would argue for “loss of earning capacity” damages to account for being partially or completely disabled, and therefore not able to earn the same income as before.
Non-Economic Damages
A medical malpractice claim in Illinois can also include compensation for damages to the victim's quality of life, both in the short term and the long term. These types of costs do not come with a specific price tag, but they are still a direct result of negligence on the part of medical professionals. Non-economic damages can include pain and suffering, emotional distress, loss of enjoyment, and disfigurement.
Wrongful Death
Some victims of medical malpractice will die a preventable death from receiving substandard care, which is a tragedy with far-reaching consequences. In these cases, close relatives like the victim's spouse or adult-aged children would be eligible to pursue compensation for wrongful death. These damages can include lost income that will no longer be contributed by that family member, hospital bills, funeral expenses, and the non-economic emotional costs that come with losing a loved one.
Frequently Asked Questions About Filing a Medical Malpractice Claim
Does a Consent Form Wave Right To File A Claim?
No, you would still be able to pursue a claim. While consent forms are required for certain risky procedures, the patient is never permitting any form of negligence. Doctors still have to adhere to the applicable standard of care for that procedure, and they can still be held liable if they fail. The job of your medical malpractice attorney is to establish how the doctor deviated from the appropriate treatment and how this lapse led to your damages.
Is there a time limit for filing a medical malpractice claim in Illinois?
Yes. The statute of limitations is two years from “the date of discovery,” which is understood as the date when the victim realized they had been harmed by a medical professional. An experienced attorney can help you determine whether you have a valid claim, as well as help you identify the appropriate date of discovery for your case.
Beyond the fact that there is a time limit, building a strong medical malpractice case is a very time-consuming process. You would be better off reaching out to a skilled medical malpractice lawyer as soon as possible so that they can begin the investigation and file your claim on time.
Who is at fault in a medical malpractice case?
Negligent behavior can occur at the hands of any medical professional, including doctors, surgeons, nurses, pharmacists, and other healthcare providers. There can even be multiple parties held responsible for medical malpractice in some cases. For example, a surgeon and an anesthesiologist may have injured a patient through collective negligence.
While individuals can be held liable for medical malpractice, the institutions that employ them can have vicarious liability and you can hold them responsible as well. Your medical malpractice attorney will help you determine all the parties that should be held at fault and the best legal strategy to recover fair compensation.
What is the likelihood of my medical malpractice case making it to trial?
It is possible but not likely. Most medical malpractice cases will be settled with the insurance company out of court, usually through a long negotiation process. Even if the case makes it to the trial stage, it is still possible for the two parties to come to an agreement and settle before it is time for the verdict.
The main factors determining whether your case makes it to a court of law will have to do with the severity of your harm, the strength of the evidence that the health professionals were negligent, and your medical malpractice attorney's negotiation skills. If the insurance company does not want to offer reasonable compensation for the victim's damages, filing a personal injury lawsuit may become the better option.
How much compensation can I recover for my medical malpractice case?
While there is no specific answer to this question, the most important factors have to do with the severity of your injuries and the economic damages you have suffered as a result. Some medical malpractice victims will suffer catastrophic injuries that will permanently affect their quality of life and earning capacity. These are the kinds of cases that receive the largest payouts to reflect these significant damages. Compensation in a medical malpractice case may also depend on your medical provider's insurance policy since it may limit payouts.
How much does hiring a Joliet, IL medical malpractice lawyer cost?
At The Zayed Law Offices, you can receive an initial consultation at no cost. If we decide to take your case, we offer legal representation on a contingency fee basis. That means there are no upfront costs to become our client, and you also would not get charged for attorney's fees unless we recover compensation on your behalf, whether that is from accepting a settlement or winning a court trial. For that, you get the personalized service and attention to detail of the team at Zayed Law Offices.
Hiring a Medical Malpractice Attorney in Joliet, IL
Medical professionals and the institutions they work for are legally required to provide patients with safe and efficient treatment. Failing to meet these standards means they can be held liable under the law. Unfortunately, pursuing a medical malpractice claim is a very complicated process, and insurance companies use various strategies to limit their liability.
At Zayed Law Offices, we have the skills and resources to build a solid medical malpractice case and negotiate fair compensation for our clients. We know the legal process is not easy for victims and their families, especially if you are still dealing with the physical consequences of getting inadequate care. Our attorneys can provide support every step of the way and fight to recover fair compensation for your damages. Whether your medical malpractice took place at Saint Joseph Medical Center, Silver Cross Hospital, or another institution near Joliet, you can count on the Zayed Law Offices team to act in your best interests.
Contact us today at (815) 726-1616, or send us a message through our contact page, and we'll provide a free claim evaluation to let you know if we think you have a case. If so, we can talk further to decide how best to seek compensation for you.