Chicago Hospital Malpractice Lawyers
Did you suffer injuries in a hospital or urgent care facility in Chicago? If your injuries were caused by unsafe conditions, unclean practices, or inadequate medical care, call our hospital malpractice lawyers at Ankin Law right away. You may be able to hold the hospital or medical facility liable for the harm their negligence caused, but there are strict deadlines and steps that must be followed to ensure the success of your case. If you wait too long to take legal action, or you don’t follow the proper procedures for filing a malpractice claim, your case could be dismissed.
As one of the largest injury law firms in Illinois, our law firm serves injured victims throughout Chicago, Cook County, Lake County, and across the state of Illinois. We have over 100 years of combined experience handling cases like yours, and we’re available 24/7 for your convenience.
Our hospital malpractice lawyers offer free consultations, and we don’t charge any upfront attorney fees. Call (312) 600-0000
Table of Contents
What Is Hospital Malpractice?
Hospital malpractice refers to acts of negligence, errors, or substandard care by a hospital or its staff that result in harm or injury to a patient. These actions can encompass a wide range of issues, including misdiagnosis, surgical errors, medication mistakes, inadequate patient monitoring, and failure to maintain a safe and sanitary environment. Hospital malpractice can lead to severe consequences for patients, including worsened medical conditions, additional health complications, or even wrongful death. If you are a victim of hospital malpractice, you may have legal grounds to seek compensation for your injuries and losses through a medical malpractice claim.
When Is a Hospital Liable for Employee Negligence?
A hospital may be liable for the negligent actions of their employees or agents when those actions or omissions cause injuries to you. If vicarious liability applies to your case, the hospital may have breached its duty to provide the expected standard of care because of the actions of its employees under the theory of actual agency, or it can be held liable for the negligence of its implied agents under the theory of implied agency. However, if you, as the patient, knew or should have reasonably known that a physician was an independent contractor, you cannot hold the hospital liable for the physician’s negligence. In that case, you would need to file a medical malpractice claim against the doctor in question. To help determine whether you can sue the hospital for your injuries, your lawyer will consider:
- The Type of Relationship: Is there an employee – employer relationship between the healthcare professional or worker and the hospital? If the negligent party is an actual employee of the medical facility, you may be able to sue the hospital under the theory of respondeat superior. Otherwise, the theory of apparent agency may apply.
- Financial Control: Does the hospital control the financial terms of the healthcare professional’s position? If the hospital controls the wrongdoer’s salary, raises, or bonuses, independent status may be negated, and the hospital may be vicariously liable got the negligent acts or omissions.
- Behavioral Control: Does the hospital have control over the manner in which the negligent healthcare provider performs work within the hospital? If the hospital had control over the treatment and care that was provided to you by the wrongdoer when the malpractice happened, it can be held liable for the harm you’ve endured.
- Disclosure: Did the doctor, hospital, or other negligent party disclose to you that the negligent physician was not an employee or agent of the medical facility? If you knew, or should have reasonably known, that the doctor was an independent contractor, the hospital is not likely liable for the injuries you sustained.
- Scope of Employment: Was the healthcare professional performing work within the scope of his or her duties when the malpractice occurred? If the employee was performing tasks that were not part of his or her job, or the employee was off the clock, the hospital may not be able to be held liable.
Let our hospital malpractice attorneys help you determine whether it’s feasible to sue the hospital or healthcare professional for your injuries. We have more than 100 years of combined experience winning hospital malpractice cases and holding negligent parties accountable.
Let us help you hold negligent hospitals and healthcare professionals liable for your injuries. Call (312) 600-0000
Why Hire a Lawyer for Your Hospital Malpractice Case?
In hospital malpractice cases, hiring a lawyer is an investment in your future and well-being. An experienced attorney can provide the legal knowledge, resources, and support needed to hold healthcare providers accountable for their negligence and secure the compensation you deserve. While you can legally handle your case on your own, there are several reasons why hiring an attorney is the better option.
Hospital malpractice cases involve intricate medical and legal issues. Attorneys who handle these types of cases are familiar with the laws and regulations surrounding healthcare. They can effectively navigate the legal system, ensure deadlines are met, and the correct steps are filed, and understand the medical evidence and terminology crucial to building a strong case.
Hospital malpractice cases frequently demand substantial resources. Attorneys have the means to access medical experts, gather evidence, and conduct investigations that may not be feasible for an individual pursuing a claim independently. They can consult with healthcare professionals who can testify on your behalf, adding credibility to your case.
Medical malpractice lawyers have experience negotiating with hospitals and insurance companies to reach fair settlements. In cases where a settlement is unattainable or unjust, they are prepared to take the matter to court. Having a lawyer who can advocate for your rights and interests is crucial in achieving the best possible outcome.
Hospital malpractice can result in significant medical expenses, lost wages, pain, and suffering. An attorney can help you pursue compensation for all your losses, ensuring you receive the financial resources needed to cope with the aftermath of malpractice. In fact, hiring an attorney can help you recover up to 300% more than if you manage your case on your own.
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Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
When Can You Sue a Hospital for Malpractice?
You may be able to sue a Chicago hospital for malpractice if negligence at the clinical or administrative level caused harm to you or your loved one. Some of the most common reasons our lawyers see hospital malpractice claims arise involve:
Negligent Hiring Practices
Hospitals owe a duty to their patients to hire healthcare professionals who are capable of safely performing the tasks required of them to the accepted standard of care. Knowingly hiring someone who is unqualified, neglecting to complete thorough background checks, or hiring someone with a known history of negligence or causing harm to patients can result in hospital liability for any injuries that are caused.
Inadequate Staffing
Labor shortages are nothing new in the healthcare industry, but that’s no excuse for putting the health and wellbeing of patients in jeopardy. If the hospital did not maintain the appropriate number of staff members to provide you with proper care, and you suffered harm, the hospital can be held liable for your injuries.
Lack of Training and/or Supervision
If the hospital failed to train the healthcare professional on the proper safety protocols, infection control procedures, and/or other issues that uphold the standard of care, and you suffered injuries, the facility can be sued for the harm their negligence caused. Likewise, if the hospital failed to supervise the worker or enforce that the proper procedures were followed, the hospital may be held liable for your losses.
Procedural Shortcomings
If the hospital or medical facility failed to develop or implement policies and procedures to keep patients safe, and you or your loved one suffered injuries as a result, you may be able to sue the hospital for damages.
Do you have questions about whether you can sue the hospital for your injuries? Are you wondering how to file a hospital malpractice claim? Our law firm can help. We have more than 100 years of combined experience protecting the rights of injured patients in Illinois. During your free consultation, we will sit down and listen to your story, answer any questions you might have regarding your case, and address your concerns about the legal process.
Frequently Asked Questions About Hospital Malpractice
Are damages capped in hospital malpractice cases in Illinois?
Damages are not capped in hospital malpractice cases in Illinois. You have the right to receive compensation for the full value of your economic and non-economic losses. In 2010, the state found the previously imposed damage caps to be unconstitutional.
Why should I sue the hospital for malpractice?
There are numerous reasons you should sue the hospital for malpractice after suffering an injury, but the most important involve protecting your own financial security, holding negligent medical providers accountable, and helping to prevent similar mistakes that cause patient injuries in the healthcare setting.
How much time do I have to file a hospital malpractice lawsuit in Illinois?
In Illinois, the statute of limitations for filing a hospital malpractice lawsuit is generally two years from the date you suffered the injury. A wide range of variables may impact the filing limitations in your particular case, however. Since you may have a longer, or shorter, period of time to take legal action, do not delay in contacting a malpractice attorney. If you miss the deadline to file a lawsuit, you could be barred from recovering compensation for your losses.
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Ankin law has been a great experience. They really care and want to make sure you are back to 100% or as close to it. They took their time and explained everything to me very well about the process. I’ve been working with Karolina and she is absolutely amazing. Really going above and beyond!
Helpful Resources From Our Hospital Malpractice Lawyers
Inside the Sacred Heart Hospital Investigation
The Medicare fraud scandal at Chicago’s Sacred Heart Hospital continues to shock and horrify, with alarming details about unnecessary medical treatment, substandard health care, and Medicare fraud emerging over the past several weeks.
Are Hospitals Liable for Staph Infections in Patients?
Victims of medical negligence may wonder, “are hospitals liable for staph infections?” A hospital may be held liable for staph infections in patients if there are implications of negligence and medical malpractice. Since hospital staph infections are contracted by patients in numerous ways, negligence or incompetence on the part of the hospital must be proven.
What Damages Are Available in a Medical Malpractice Claim?
When a person suffers an illness, injury, or disability due to medical malpractice, that person is entitled to collect both economic and non-economic damages. These include special damages for medical expenses and general damages for pain and suffering