Many risks are associated with surgery, and surgeons may not be able to prevent all adverse effects. However, injuries that are attributable to a deviation from the standard of care that surgeons and doctors are to adhere to are not acceptable. Injuries that result from distraction, insufficient skill, or sheer negligence require the assistance of an attorney. At Zayed Law Offices, we ensure that you receive the compensation you deserve when you suffer from a preventable injury at the hands of a medical professional. A Chicago area attorney at Zayed Law Offices will hold the negligent parties responsible whether it is an anesthesiologist, doctor, surgeon or hospital.
In the event of a personal injury due to surgical error, nothing can fully restore you to your position prior to your accident. However, a Chicago area attorney at Zayed Law Offices will ensure that you receive maximum compensation for your loss. We will also ensure that you receive the financial resources you will need, now and in the future.
Types of Surgical Error Cases that we handle
There can be many causes for surgical errors including inexperience, inattention or negligence. Common types of surgery errors that we handle include:
- Failure to treat complications of surgery
- Unnecessary surgery
- Failure to monitor breathing
- Anesthesia errors
- Leaving foreign objects inside the body during surgery
- Spinal fusion
- Neurological surgery
- Orthopedic surgery
- Cosmetic procedures
- Gastric bypass surgery
- Heart surgery
Recovering full compensation can be extremely difficult in surgical error cases without the help of an experienced medical malpractice attorney. It can also be very difficult to learn the truth and the full extent of any error from hospitals and doctors. This is in part because surgeons and hospitals will not admit to having committed medical malpractice in the event of such an occurrence. Hospitals and doctors will avoid informing victims and their families of a surgical error or a of departure from the requisite standard of care.
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.