Medical malpractice happens when a hospital or healthcare provider harms a patient through negligence or omission. To have grounds for medical malpractice suits, plaintiffs must show that the healthcare provider owed the patient a professional duty of care, the provider violated the duty of care, the violation injured the patient, and the injury caused significant
If your doctor diagnosed you incorrectly or missed your condition altogether, a medical malpractice lawyer in Chicago can guide you through how to sue a doctor for misdiagnosis in Illinois. You might have sufficient grounds for a medical malpractice claim if you or a loved one has suffered harm due to a misdiagnosis. You will
How much compensation you can get for unnecessary surgery depends on how serious the injuries are and how bad the medical negligence was. Especially egregious behavior can result in punitive damages which go above and beyond damages for lost income, caregiver expenses, special equipment, pain and suffering, and other types of damages. When asking yourself,
When filing a malpractice claim, victims may wonder, “how far back can medical records be subpoenaed?” A subpoena for medical records can generally go ten years back or less. Illinois law requires healthcare facilities to keep copies of medical records for up to 10 years. Some facilities keep these records longer than the stipulated period.
Elderly adults or their family members can sue a nursing home for bed sores. Nursing homes are entrusted with caring for elderly adults. Due to their advanced age, physical weakness, and numerous health issues, elderly adults are an especially vulnerable population. Unfortunately, they suffer a variety of injuries due to nursing home neglect. One of the
People that consume prescription drugs and medications are vulnerable to suffering severe injuries or death. These deaths give rise to lawsuits involving claims of wrongful death and product liability. There are three legal theories under which people can sue a drug company for wrongful death. However, drug companies have vast financial resources, which they use to
When a loved one is lost in an accident, surviving family members can obtain financial compensation by asserting a wrongful death lawsuit. A wrongful death lawsuit is based on the Illinois Wrongful Death Act and the Illinois Survival Claim Act. Different parties can make claims for compensation under each statute. If the case settles, the distribution
Arbitration of disputes can be used to resolve medical malpractice issues out of court. Arbitrators decide the outcome of medical malpractice arbitration cases and are typically chosen through the agreement of both parties. In Illinois, the Health Care Arbitration Act dictates how arbitration of disputes should be used in medical malpractice. Arbitration helps resolve medical
When lawyers turn down medical malpractice cases, it’s typically because they feel the claims are not winnable. Other reasons for rejection include believing that the damages would be less than the costs of litigation and a heavy caseload that would keep the attorney from focusing on the malpractice case. Lawyers might see cases as not winnable because the
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