Chicago Medical Malpractice Lawyer

Dedicated Chicago Medical Malpractice Attorney

Frequently, victims of malpractice are unaware of their legal rights and fail to pursue compensation for their injuries, pain and suffering, and other losses. If you were injured or misdiagnosed, or if you experienced any condition that you even suspect may be the result of medical negligence, we encourage you to contact us for a free consultation right away.

Our attorneys have decades of experience investigating medical malpractice cases, and we work with trusted physicians, investigators, and other professionals who can help us determine if you may have a claim for significant financial compensation. We can help you, but only if you give us a call.

How Can a Medical Malpractice Lawyer Help You With Your Claim?

Without a medical background, you cannot be expected to know how a medical mistake will impact the rest of your life, and some other personal injury lawyers may even refuse to take your case because they don’t have the knowledge and resources necessary to fully investigate the scope of your future losses. At Malman Law, we conduct exhaustive investigations to determine the causes of our clients’ injuries and identify all of the responsible parties so that we can fight for every last dollar our clients deserve.

At Malman Law, we help victims of medical malpractice in the Chicago area fight for fair compensation. We represent clients who have suffered injuries in doctors’ offices, hospitals, and other medical facilities throughout the Chicago area. These include, but are not limited to:

  • Northwestern Memorial Hospital
  • Rush University Medical Center
  • Loyola University Medical Center
  • University of Chicago Medical Center
  • Advocate Christ Medical Center
  • Northwestern Medicine Central DuPage Hospital
  • Advocate Lutheran General Hospital
  • Alexius Medical Center
  • NorthShore Evanston Hospital
  • Alexian Brothers Medical Center

Common Causes of Medical Malpractice We Handle

Since 1994, Malman Law has helped thousands of clients recover insurance settlements and damages for medical bills, missed time from work, loss of enjoyment of life, and other economic and non-economic losses stemming from a wide variety of forms of malpractice. The cases we handle include:

While most malpractice cases involve mistakes and errors in judgment by physicians and other medical professionals, with increasing frequency, malpractice claims are involving hospital administrators and insurance companies as well. If a bureaucratic process or an issue with insurance results in a delay or interruption of treatment, this too can give rise to a claim for financial compensation.

How Long Do You Have to File A Medical Malpractice Claim in Chicago?

There is a statute of limitations for a malpractice case, and the sooner you bring the complaint, the easier it is for your attorney to find evidence. The statute of limitations is essentially a clock. If you pass the limitations, you can no longer seek compensation, regardless of how powerful the evidence is.

The Exception to the Statute of Limitations

As with all rules, there are exceptions. The statute does not begin until the date of discovery. Therefore, if you do not discover that you are a victim of malpractice for six years, then the clock does not start to count down until then. However, the statute clearly states that you must “reasonably discover.”

Common Types of Malpractice Claims

There are different errors that might lead to different types of malpractice claims. These errors, while malpractice, have different requirements. Sometimes, more entities than just the physician are responsible in a certain type of malpractice case.

Common types of malpractice claims include:

  • Prescription errors. Prescription errors come in numerous forms. A physician might fail to review your history and prescribe a medication that dangerously interacts with one, or could prescribe something that you are allergic to. Other times, the physician’s instructions were unclear, forcing the pharmacy to dispense medication with the wrong amount, dosage, or instructions.
  • Misdiagnosis or delayed diagnosis. There are instances where the diagnosis is entirely wrong, while other times the physician eventually reaches the correct diagnosis after the damage is done.
  • Failure to obtain informed consent. With every medical procedure, there are risks. It is a physician’s legal obligation to his or her patient to get the patient’s informed consent – which means informing the patient of all options, risks and benefits, and dangers of skipping the treatment.
  • Improper treatments used. IThe diagnosis might be correct, but the physician uses unorthodox treatments or medications in a way that they were not intended to be used.
  • Unnecessary procedures and treatments. Other times, a physician engages in overly aggressive treatments – with instances of unnecessary procedures or treatments performed on the patient. In this case, the patient could suffer unnecessary medical expenses, pain, suffering, and mental anguish.

How Can I Prove a Medical Malpractice?

The Requirements of Malpractice

To have a viable malpractice case, you must meet several basic requirements. These requirements include:

  • The existence of a doctor-patient relationship. You must prove that the physician you are suing has seen and treated you. If your physician consulted another, but that other physician did not physically see or treat you, his or her advice (even wrong advice) does not constitute the doctor-patient relationship required. Also, a casual chat with a physician at the dinner table is not a doctor-patient relationship.
  • Deviation from the standard of care. We will dive into this more in a moment, but you must show negligence, which is a deviation from the standard of care.
  • Negligence is the direct cause of your injuries. Furthermore, you must establish that the physician’s deviation from the standard of care was the direct cause of your injuries.
  • Negligence led to damages. Lastly, there must be damages. Damages can include lost wages, physical pain, mental anguish, medical costs, and so forth. You cannot sue a doctor for malpractice, even if he or she was negligent if there were no damages associated with the negligent act.

What is The Standard of Care?

One term that will come up frequently during a malpractice case is the “standard of care,” but what does that entail? To determine if a physician was negligent, you must prove that the defendant, the physician, breached the standard of care. This means that the duties and responsibilities in terms of conduct fell below what others in the same field would expect as the “acceptable” level of care. Essentially, the physician ultimately must have performed worse than another physician with the same qualifications and experience would have in the same situation.

For example, say a physician made an incorrect diagnosis. However, you kept information from the physician. In this scenario, the physician cannot be liable for the wrong diagnosis, because he or she would not be expected to diagnose without correct information.

In another example, say you gave the doctor all of the information, and the physician still came to the incorrect diagnosis because he or she failed to perform an in-depth examination or review laboratory tests that would have revealed a different diagnosis. In this instance, you have a claim against the physician, because he or she ignored the obligation to care for you, and then came to an incorrect diagnosis.

To find out if you are entitled to financial compensation for medical malpractice, we invite you to schedule a free, no-obligation consultation with one of our experienced lawyers. If you are unable to travel to our offices in downtown Chicago, one of our attorneys will gladly come to you.

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205 W. Randolph St., #610,
Chicago, IL 60606

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Most common questions for Medical Malpractice accidents in Chicago

Answers to some of the most common Medical Malpractice questions we’re asked.

What is medical malpractice?

Medical malpractice occurs when a medical professional harms a patient because he or she did not provide proper healthcare. Malpractice can occur in every area of medicine. The standards to determine medical malpractice can be different depending on the area of medicine. One thing remains the same, though: An error of some sort was made that caused you or a loved one to be hurt or even killed.

If you believe that you were a victim of malpractice in Chicago, you should call Malman Law. Your case should be evaluated by our medical malpractice lawyers. You may have a legal right to receive compensation for your injuries, medical expenses, lost wages, and even for wrongful death.

The consequences of medical malpractice can last a lifetime. To schedule your free evaluation, call Malman Law.

Is a misdiagnosis the same as medical malpractice?

Medical malpractice and misdiagnosis may seem like they go hand-in-hand. However, they can be two different things. A misdiagnosis will not necessarily meet the qualifications of medical malpractice. Malpractice happens when a medical professional harms a patient because they made some sort of decision or mistake that caused harm to the patient.

Whether a misdiagnosis may be considered as malpractice depends on the information that the medical provider had at the time of your diagnosis and the steps that they took or that they did not take in coming to their conclusion. These two factors would be compared against the current medical standard in diagnosing the correct condition. If the actions that were taken fall below the current medical standard, then you would also need to show that you suffered some sort of harm as a result of the misdiagnosis. If so, then the misdiagnosis may be medical malpractice.

If you believe that your misdiagnosis may meet the requirements to be considered medical malpractice, contact Malman Law right away. We provide free case evaluations.

How do I know if I have a legal claim for medical malpractice in Chicago?

Medical malpractice is extremely serious. Malpractice causes harm to you or to your loved one. It can even cause death. Determining whether you have a malpractice claim in Chicago should be done by an experienced and compassionate attorney.

Having a potential medical malpractice claim evaluated by an attorney is important because medicine, despite how far it’s come, isn’t necessarily an exact and perfect science. Even when medical professionals follow best practices, things may still go wrong. When there is an unexpected outcome or injury because of medical care, it cannot automatically be labeled as medical malpractice. Primarily, malpractice focuses on whether a patient received a substandard level of care that caused the injury or death.

If you believe that you received poor care that resulted in an injury or wrongful death, call Malman Law. We provide free case evaluations for potential medical malpractice claims. If you have a claim, we will help you get the compensation that you deserve.

My child was diagnosed with cerebral palsy. Is it medical malpractice?

In some instances, cerebral palsy may be a result of malpractice. Symptoms of this disorder can be mild or severe. Cerebral palsy (CP) is often considered a birth injury. In many cases, CP can be caused by a mistake made by a nurse, doctor, or other medical personnel involved in the delivery process.

It can be difficult to determine whether cerebral palsy was caused by malpractice. This is why you need the guidance of a compassionate Chicago medical malpractice lawyer. In labor and delivery, certain standards should be met to protect the health and the safety of both mother and child. Cerebral palsy is often caused by a lack of oxygen during birth. In some cases, doctors or nurses may not have paid enough attention to the fetal monitor to determine if the baby was in distress.

Hospitals and insurance companies will deny that their inattention or lack of actions contributed to your child’s diagnosis. This is why you should consult with an experienced medical malpractice lawyer. Other doctors, nurses, and leading specialists can be used as expert witnesses to determine if you and your child received the proper standard of care during labor and delivery.