No one expects to be the victim of a medical error or negligence. We expect doctors and healthcare providers to help people when they need medical treatment.
Unfortunately, medical malpractice occurs more often than people realize, and it is only when individuals become victims that they fully understand the devastating consequences of medical negligence.
This article answers the most common medical malpractice FAQs to help you understand your legal rights if a medical provider’s error causes you harm.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide care that meets the acceptable medical standard of care. The provider knew or should have known their conduct could harm the patient, but they chose to continue regardless of the risk to their patient.
Medical negligence is a type of medical malpractice that refers to unintentional mistakes or oversights made by a healthcare provider that harm the patient. These errors occur without any intent to cause harm, often due to a lack of proper care, attention, or skill.
Medical malpractice and negligence can occur at any stage of treatment. All medical providers, including doctors, nurses, hospitals, nursing homes, urgent care facilities, and surgeons, are held to a standard of care.
What Types of Medical Malpractice Claims Are Common in Illinois?
Examples of the types of conduct that can lead to medical malpractice claims include:
- Medication errors
- Failing to diagnose a medical condition
- Failing to monitor a patient adequately
- Emergency room errors
- Nursing negligence
- Hospital-acquired infections
- Practicing medicine under the influence of alcohol and/or drugs
- Radiology errors
- Delayed diagnosis
- Failing to order diagnostic tests
- Surgical errors
- Misinterpreting lab results and diagnostic tests
- Birth injuries
- Anesthesia errors
- Misidentifying a patient
- Failing to review a patient’s medical history
- Distractions in the workplace
- Failure to recognize or ignore a patient’s symptoms
- Charting and communication errors
If you suspect a doctor or medical provider caused you harm or injury, see another doctor as soon as possible. Another medical provider can diagnose your injuries and condition to provide treatment to mitigate the harm caused by the malpractice.
How Do I Prove Medical Malpractice in Chicago, IL?
Not all bad outcomes result in medical malpractice. Doctors are only responsible if they fail to meet the applicable standard of care and that failure results in injuries to the patient.
Proving medical malpractice requires you to provide evidence establishing the following:
- The medical provider owed you a legal duty of care as a patient.
- The doctor deviated from the medical standard of care by failing to use the level of care that a reasonably trained medical professional would have provided under the same circumstances.
- The deviation from the standard of care caused you to suffer harm.
- You sustained damages because of the doctor’s breach of duty.
Illinois law requires patients to obtain evidence from a medical expert, which must be included in a medical malpractice lawsuit. Expert witnesses play a crucial role in medical malpractice claims.
Medical experts testify as to the medical standard of care that should have been used in the case. They can explain how the medical provider deviated from that standard of care and how the deviation resulted in the patient’s injuries.
What Is the Statute of Limitations for Medical Malpractice Lawsuits in Illinois?
In Illinois, most medical malpractice claims must be filed within two years from the date the malpractice took place. However, if the patient doesn’t notice the injury immediately, the clock doesn’t start ticking until they discover or should have reasonably discovered the harm.
That said, there’s a four-year time limit, known as the statute of repose, which bars filing a claim more than four years after the alleged malpractice, no matter when the injury was discovered. Even if the patient learns of the injury after several years, they must file the lawsuit within this four-year window or lose their right to pursue legal action.
What Damages Are Available for Medical Malpractice in Chicago, IL?
Victims can recover compensatory damages for a medical malpractice claim. Illinois law prohibits courts from awarding punitive damages in medical malpractice cases.
Medical malpractice damages include a victim’s financial losses. Examples of economic damages for medical malpractice include:
- Past and future medical bills and expenses
- Long-term nursing and/or personal care
- Out-of-pocket expenses
- Physical therapy and rehabilitation
- Lost wages, salary, and benefits
- Reduced earning capacity
Victims of medical malpractice can also recover compensation for non-economic damages. These damages represent the intangible harm caused by the malpractice, including:
- Diminished quality of life
- Pain and suffering damages
- Loss of enjoyment of life
- Emotional distress
- Scarring and disfigurement
- Mental anguish
- Impairments and disabilities
A medical error can cause significant, including life-altering disabilities that impact every area of their life. An attorney can help you maximize your damages to receive the compensation you deserve after a medical provider injures you.
How Much Is My Medical Malpractice Case Worth?
The value of your damages depends on the circumstances of your case. Numerous factors can affect how much your case is worth. Examples of important factors include:
- The nature of your injuries and harm
- The duration of your recovery period
- The cost of medical treatment and care
- The type of medical treatment required for your injuries
- Whether you can return to work or earn income
- The severity of impairments and disabilities caused by the malpractice
- How your injuries impact your daily activities, relationships, and quality of life
- The level of scarring and disfigurement caused by malpractice
- The parties involved in the case and the strength of your evidence
Your attorney will analyze all the factors in your case to maximize the value of your damages. Carefully documenting your injuries and monetary losses can increase your compensation for a medical malpractice claim.
How Much Does it Cost to Hire a Chicago Medical Malpractice Lawyer?
Most medical malpractice attorneys accept cases for a contingency fee. Instead of paying a retainer fee when you hire the law firm, your attorney agrees to accept a percentage of what they recover for your case.
Therefore, hiring an injury lawyer does not cost any money upfront. Your attorney only gets paid if they win your case. The contingency fee arrangement makes legal services accessible and affordable for everyone.
Get Help With a Medical Malpractice Claim in Illinois
If a medical provider caused your injuries, our legal team at Zayed Law Offices Personal Injury Attorneys can help. Contact our office to schedule a free consultation with an experienced Chicago medical malpractice lawyer. We are available 24/7 to discuss your case with you. Call us at (312) 726-1616.
