If you suffered injuries that were caused by medical negligence, you may be wondering, “Do I have a medical malpractice claim?” The answer to your question requires diving into the details of your case and the events leading up to your injury. An experienced medical malpractice lawyer will work with experts to determine what actions or omission led to your injury or worsening condition, the severity of your injuries, and whether the healthcare provider met the standard of care expected of them to decide whether you have ground to file a lawsuit for malpractice.
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If you suspect that you may have a medical malpractice claim in Illinois, call Ankin Law in Chicago for a free case review. Call us today at 312-600-0000.
When Does Medical Malpractice Occur?
Medical malpractice occurs when a healthcare professional or hospital provides patient care that does not meet the proper standard of care. Within the medical profession, healthcare providers, including doctors, nurses, surgeons, and clinical technicians, as well as hospitals, clinics, and urgent care facilities must uphold a standard of care for patients. In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care.
A standard of care is a medical or psychological treatment guideline. It specifies appropriate treatment based on scientific evidence and collaboration between medical or psychological professionals involved in the treatment of a given medical condition. The standard of care is imposed on all medical providers to protect patients from harm. Failure to provide patients with treatment that meets the acceptable standard of care can result in illnesses and injuries, disabilities, and even death. It can also lead to a medical malpractice lawsuit that holds responsible medical providers legally liable for patient harm or death. In Illinois, medical malpractice lawyers often see cases linked to the following conditions:
Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis of a patient’s medical condition can lead to a variety of health complications due to no treatment, incorrect treatment, or delayed treatment. Patients are at risk for fevers, infections, and internal bleeding. A delayed diagnosis can have devastating consequences for patients with time-sensitive conditions such as strokes, heart attacks, and aggressive cancers. According to a recent Johns Hopkins research study, diagnostic errors are linked to about 800,000 patient permanent disabilities and deaths each year in the United States.
Medication Errors
Medication errors are defined as preventable events that may cause or lead to patient harm. These errors can during medication prescription, dispensing, and administration. Administration errors account for 54% of patient illnesses and injuries, caused by administering the medication to the wrong patient or prescribing the wrong medication or the wrong dosage to the correct patient. According to the U.S. Food and Drug Administration, medical errors are the leading cause of patient harm in all healthcare facilities, accounting for 7,000 to 9,000 patient deaths each year.
Anesthesia Errors
Anesthesiologists must carefully calculate the amount of anesthesia required based on various patient factors. Too little anesthesia can result in patient unconsciousness during surgery, while too much can lead to severe health complications or patient death. Anesthesia errors are often linked to inadequate experience with sedatives, lack of familiarity with equipment, and incorrect infusion rates.
Surgical Errors
Surgical errors are often linked to common examples of medical malpractice. Studies show that at least 1 in 5 patients admitted to hospitals for surgery have adverse events related to their surgery. Many surgery patients report complications related to surgical errors such as incorrect surgical procedures, surgery performed on the wrong patient, surgery performed on the wrong body part, and surgical instruments or gauze left inside the body.
Failure to Obtain Informed Consent
Healthcare providers must fully inform patients about the risks and benefits of medical treatments and procedures. Failure to obtain a patient’s informed consent before proceeding is considered medical malpractice, especially if the patient would have made a different choice if fully informed.
Gathering Evidence if You Have a Medical Malpractice Claim
If you suspect that medical malpractice has occurred, the first step in filing a medical malpractice claim is gathering evidence to support your claim. When filing a medical malpractice claim in Illinois, the success of your lawsuit depends on the evidence you provide. To prove medical malpractice in an Illinois court, you must prove 4 important elements:
1. Existence of a Doctor/Patient Relationship (duty) – An established relationship between doctor and patient must be proven through credible medical records and billing documents. Advice and care received without proper documentation will not constitute a professional relationship or support a medical malpractice lawsuit.
2. Breach of Duty of Care (negligence) – A breach of duty for professional care is a major factor in a medical malpractice lawsuit. A breach of duty requires solid evidence that the medical professional or institution engaged in negligent actions or omissions that resulted in patient harm.
3. Causation – A direct link between the medical professional’s negligence and the patient’s illness or injury must be established. To prove causation, courts often rely on testimony from a reputable medical malpractice expert witness with a medical background.
4. Damages or Injuries – If the claimant in a medical malpractice lawsuit knows how to prove medical malpractice caused by negligent actions or medical errors of the medical professional or institution, damages can be awarded for medical expenses, loss of income, physical and emotional suffering, and diminished quality of life.
Filing Your Claim
Before you file your medical malpractice claim in Illinois, you should consult an attorney who can explain and oversee the process. Illinois has strict laws that impact medical malpractice cases, so it’s important to know how to file a medical malpractice claim and who can be held liable for medical malpractice.
In Illinois, before you can file a medical malpractice lawsuit, you must file a “Notice of Intent.” This is a document that informs the medical professional or healthcare provider of your intention to file a lawsuit. The document must include details of the alleged malpractice. Law requires the plaintiff in the lawsuit to give the defendants a 90-day advance written notice of intent to sue. Sending a letter is acceptable, but the letter must contain the legal basis of the claim, as well as the type of loss and the injuries suffered.
The Statute of Limitations
In Illinois, the statute of limitations for filing a medical malpractice claim is two years. The two-year period begins from the time of the discovery of any injuries sustained by medical malpractice or the time when the patient should have become aware of them. While some exceptions may extend the two-year deadline, it’s advised to file your claim as soon as possible to maximize your chances of successfully recovering damages.
The Illinois medical malpractice statute of limitations also sets a larger deadline for cases where the prospective plaintiff’s injury is not discovered right away, however, it states that “in no event” shall a medical malpractice lawsuit be brought more than four years after the date on which the underlying medical malpractice occurred. Illinois also sets a filing deadline for medical malpractice plaintiffs under the age of 18. These cases must be filed within 8 years of the date on which the underlying malpractice occurred. Once the plaintiff reaches his or her 22nd birthday, the case becomes null and void.
How to Find a Medical Malpractice Attorney
If you have a medical malpractice claim in Illinois, you’ll need to find a medical malpractice attorney who can help you through the medical malpractice claim process. Medical malpractice cases are often complicated due to medical conditions and required documentation that shows proof of a link between illness or injury and negligent actions or medical errors. A Chicago medical malpractice lawyer would be a valuable asset who could establish this important link.
Finding the right medical malpractice lawyer for your case requires a combination of research and personal judgment. The right attorney can make the difference between a well-compensated claim and an unsuccessful outcome. Here’s how to start your search:
- Referrals – Many good personal injury attorneys rely on word of mouth. Begin by asking family, friends, or colleagues in your area for recommendations. If you know someone who has filed a medical malpractice claim, they can provide first-hand insight into an attorney’s approach, effectiveness, track record, and success rate.
- Websites – Get on your computer and investigate medical malpractice attorneys in your area. If you type “medical malpractice attorneys in Chicago,” review the top websites and look for firms with experience, satisfied clients, a high success rate, free consultations, and personal qualifications of interest.
- Other Attorneys – Many personal injury attorneys also handle medical malpractice claims. Both types of lawsuits have similarities and require proof of injury to collect damages.
- State Bar Associations – The Illinois State Bar Association is a good source for qualified attorneys, verified credentials, and disciplinary history.
If you think you have a medical malpractice claim in Illinois, contact us. Our Chicago medical malpractice lawyers can help you file a claim for damages.
