Medical Malpractice Law Firm in Chicago, Illinois
When a patient is harmed by a medical professional who has failed to competently perform his or her medical duties, medical malpractice has occurred. In order for a medical malpractice claim to be successful, the following elements must be proven by your lawyer:
- There was a doctor-patient relationship between yourself and the doctor or medical professional named in the suit. In other words, you hired the doctor, the doctor agreed to be hired. By virtue of the fact that the doctor began treating you, there was obviously a doctor-patient relationship; however, remember that medical advice overheard at a party is not the same thing as a doctor-patient relationship.
- Negligence occurred. simply being unhappy with the results of a medical procedure, or with your overall treatment does not constitute negligence. Your attorney must show that your medical professional failed to act in the way that a competent doctor, under similar circumstances, would have.
- Negligence of the doctor or medical professional directly caused your resulting injury (causation). Because most people who seek medical treatment are sick or hurt in some way, it must be shown that the harm came directly from what the doctor did – or did not – do, rather than from the underlying disease or injury.
- The injury caused by your doctor led to specific damages. These can include physical or mental pain, additional medical bills and lost wages, or diminished earning capacity.
Different Types of Chicago Medical Malpractice Claims
There are many different types of medical malpractice claims, including the following:
- Infant birth defects
- Infant cerebral palsy
- Anesthesia mistakes (too much or too little)
- Surgical items left inside the body
- Delayed diagnosis or wrong diagnosis
- Surgical errors during a C-section or hysterectomy
- Wrong prescription medication administered, or the wrong dosage for the patient
- Failure to provide emergency procedures in place during a surgical procedure or during childbirth
Most medical malpractice claims fall under a failure to diagnose, improper treatment, or a failure to warn a patient of known risks. If another doctor would have reasonably discovered the patient’s illness or made a different diagnosis, and a better outcome would have resulted, then there may be a valid medical malpractice claim. If a doctor treated you in a way that no other competent doctor would have, or administered an appropriate treatment in an incompetent manner, your attorney may advise you to proceed with a medical malpractice claim. Finally, if your doctor failed to fully inform you of the risks associated with a medical procedure or specific treatment, then there was no duty of informed consent. Perhaps if you had been made aware of the risks involved in the procedure or treatment, you would have elected not to go through with it.
Damages That You Might Expect from an Illinois Medical Malpractice Claim
Although some people feel that there are too many “frivolous” lawsuits, in reality, there may simply be an epidemic of medical negligence. A significant number of patients suffer serious harm from any number of negligent practices, dangerous drugs, or medical devices. Of the hundreds of thousands of patients injured from the healthcare system each year, few of them actually bring suit. The Institute of Medicine states that as many as 98,000 people in the United States die each year as a result of preventable medical errors, while hundreds of thousands more suffer non-fatal injuries due to preventable medical errors. Of those who do file a medical malpractice lawsuit, the motivation can be much more than money. Many patients just want to know what went wrong in their case, while others want to ensure that the same thing does not happen to another innocent patient.
If your malpractice lawsuit is successful, you may be entitled to medical expenses – past, present, and future – lost wages, diminished earning capacity, physical and emotional pain and suffering, and loss of consortium. If a loved one was the victim of medical malpractice and died as a result, the family may be able to file a wrongful death lawsuit to recover medical expenses, funeral expenses, loss of financial support, and pain and suffering. The decision to sue a doctor or other medical professional is never an easy one; your attorney should sit down with you, review your case, and assist you in determining whether a medical malpractice suit is warranted.
Contact Our Chicago Medical Malpractice Lawyers
If you have been injured or someone you love has been killed because of a medical error or medical negligence, it is important to speak to an experience Chicago medical malpractice lawyer immediately. At Malman Law, our attorneys will fight aggressively for your rights, and will ensure that you do not pay for the costs of someone else’s mistake. To speak with one of our attorneys about your case, call (888) 307-7068 or contact us online to schedule your free consultation today.