Suffering harm due to a doctor’s carelessness can be a traumatizing and often life-threatening experience. However, the law allows you to recover compensation for your losses if you are able to prove negligence. A Chicago medical malpractice lawyer from Ben Crump Law, PLLC can help you move on from this ordeal and get compensation along the way.
Call 800-641-8998 today for a free consultation.
How Illinois Defines Medical Malpractice
In Illinois, medical malpractice is when a physician, hospital, or other healthcare provider’s negligence causes a patient’s injury or death. Practitioners must follow a medical standard of care, which refers to the appropriate actions and procedures expected from a professional toward a patient.
Healthcare experts in the same field are often needed to testify in most medical malpractice lawsuits.
For a free legal consultation with a medical malpractice lawyer serving Chicago, call (800)-641-8998
We Handle All Types of Malpractice Cases
Medical malpractice comes in many forms. Our Chicago medical malpractice lawyers handle all the following types of malpractice:
A misdiagnosis happens when the doctor has mistakenly determined the patient’s condition. This error has far-reaching consequences, as it can lead to wrongfully prescribed medications and medical treatments that only bring further harm to the patient. The patient may also miss their chance of getting treated before it is too late.
The medical provider may prescribe the wrong medication or dosage, which could make the patient’s system respond adversely. Additionally, they may also not notice that the medicine has dangerous side effects for the patient. This malpractice type may be a result of a misdiagnosis and is subject to further investigation.
Negligence can make childbirth an even riskier procedure that leads to severe complications or even the death of the mother, the baby, or both. For instance, the doctor may not recommend or perform a C-section when it is needed. The doctor may also fail to notice signs of congenital disability until they are no longer treatable.
Anesthesia or Surgery
Mistakes can happen before or during surgeries. For example, an anesthesiologist may administer the wrong dosage or forget to check you for underlying conditions that could cause an allergic reaction to anesthesia. This error can potentially cause injuries such as brain damage and cardiac arrest.
During the surgery itself, the surgeon may also make errors such as leaving behind surgical tools in your body or operating on the wrong body part. They may also fail to sanitize properly. Any of these mistakes can result in infections and other health issues after the surgery.
If you have reason to believe that you or a loved one’s injury or death was a result of medical malpractice, a Chicago medical malpractice lawyer can advise you on what legal options you may have against the medical provider.
Chicago Medical Malpractice Lawyer Near Me (800)-641-8998
Considerations When Filing Your Case
Follow the Statute of Limitations
There is a deadline for filing a medical malpractice lawsuit that you must comply with. The Illinois statute of limitations states that such cases must be filed within two years of the injury. However, the statute does give some leeway in case the injury is not instantly noticeable or did not show up immediately. In this case, you can file a lawsuit within four years of discovering the injury.
There are also provisions for underage medical malpractice victims. Children under 18 years of age have eight years to file a medical malpractice case. However, it must be submitted before the victim turns 22 years old.
Submit an Affidavit from a Medical Expert
As stated earlier, medical malpractice cases typically need the testimony of a medical expert. Before you can file the suit, you are required by Illinois Statute 735 ILCS 5/2-622 to submit an affidavit as proof that you or your lawyer have worked with a medical professional to investigate your injury.
The expert should be a competent practitioner or teacher who works in the related medical field or has done so no longer than six years ago. The expert is also required to attach a report of compiled medical evidence to show that your complaint is valid. The court will not entertain your lawsuit until you have complied with this requirement. Fortunately, a Chicago medical malpractice lawyer can help ensure that you compile your medical evidence and process your affidavit and complaint before the deadline.
Collect Damages for Medical Malpractice
Illinois currently does not have caps on medical malpractice damages. This means there is no limit on the amount you can receive in a settlement. The state permits compensation for damages such as:
- Past and future medical expenses
- Lost income or ability to earn wages in the future
- Physical, mental, and emotional pain and suffering
If medical malpractice causes the death of a loved one, you can also receive compensation for the damages included in such a case, including funeral expenses. A Chicago medical malpractice lawyer can help ensure that you get the proper compensation.
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Our Legal Team Will Help You Find Justice
If you or a loved one has been a victim of negligent health professionals, a Chicago medical malpractice lawyer from Ben Crump Law, PLLC can help. We can provide you with sound legal advice and give you appropriate representation in court.
Our team helps victims of injustice by making every effort to ensure wrongdoers will be held accountable for their actions.
Contact Ben Crump Law, PLLC today at 800-641-8998 for a free consultation. We handle cases on a contingency basis, which means you owe us no attorney’s fees unless and until you win your case.