Seeking medical care happens 24/7. Whether you’re showing up for a scheduled doctor’s exam or need immediate help at an emergency room, when we seek medical care, we should be able to trust that our doctors, nurses, and hospitals will provide a standard of care that will not cause harm.
Unfortunately, medical errors happen more often than many people realize, and they can have devastating consequences. A medical mistake can lead to severe injuries, permanent disabilities, or even death. If a healthcare provider’s negligence caused harm, the patient or their family are entitled to seek a remedy for their losses.
A knowledgeable Chicago medical malpractice lawyer can help victims of medical malpractice hold responsible parties accountable and pursue the compensation they deserve.
What is “Medical Malpractice?”
Medical malpractice happens when a healthcare professional fails to meet the commonly accepted standard of medical care, resulting in harm to a patient. Not every bad outcome qualifies as malpractice. Unfortunately, there are diseases or the progression of an illness that no amount of care can cure. However, in those instances where negligent actions cause further harm, the law requires proof that those actions were the direct cause of an injury.
The standard of care refers to the level of competence that a reasonable medical professional with similar training would provide under similar circumstances. When a doctor, nurse, or hospital deviates from this standard, they may be held liable for the resulting harm.
Some of the most common examples of medical malpractice include misdiagnosis, surgical errors, medication mistakes, birth injuries, and anesthesia complications. In fact, the Agency for Healthcare Research and Quality reported on a study that surgical errors occurred in 1 out of 112,000 procedures.
Any incident of alleged medical malpractice requires a thorough review of the patient’s medical records, testimony by medical experts, and in-depth legal analysis to determine if malpractice occurred.
Common Types of Medical Malpractice
Medical malpractice takes many forms, and each has its own unique challenges in proving negligence.
Misdiagnosis or Delayed Diagnosis
One of the most common forms of malpractice happens when doctors fail to diagnose a condition correctly or makes a delayed diagnosis. Misdiagnosis can lead to incorrect treatments, worsening health conditions, or unnecessary procedures. For example, if a doctor misdiagnoses cancer as a minor infection, the patient may lose valuable time for early treatment.
Surgical Errors
Surgical mistakes can be life-threatening and may include issues like operating on the wrong part of the patient’s body, forgetting surgical instruments inside a patient, or performing an unnecessary or wrong procedure.
These errors often result from miscommunication, fatigue, or lack of proper protocols. While all surgeries carry risks, preventable mistakes can lead to further complications, prolonged recovery and in some instances, fatalities.
Medication Errors
Incorrect dosages, wrong prescriptions, or failure to check for drug interactions can cause serious harm.
A patient may suffer an adverse reaction if a doctor prescribes a medication they are allergic to or if a pharmacist fills a prescription incorrectly. Medication errors often happen due to poor record-keeping or lack of communication between healthcare providers.
Birth Injuries
Medical negligence during childbirth can lead to lifelong complications for both the mother and child.
Oxygen deprivation, improper use of forceps, or failure to perform a necessary C-section can cause brain damage, cerebral palsy, or other serious conditions. Birth injuries often result in long-term medical needs and emotional distress for families.
Anesthesia Errors
Anesthesiologists also play a critical role in keeping patients safe during surgery. Administering too much or too little anesthesia can cause severe complications, including brain damage or even death. Failure to monitor vital signs or recognize warning signs of distress can also lead to malpractice claims.
Failure to Obtain Informed Consent
Doctors are required to explain all risks and benefits of a procedure before obtaining a patient’s consent for surgery.
If a doctor performs a treatment without informing you of possible complications, you may have grounds for a malpractice case. Informed consent is critical in helping patients make educated decisions about their healthcare.
Proving a Medical Malpractice Claim
To pursue a medical malpractice claim, you (the injured party) must prove several key elements:
Doctor-patient Relationship
First, you’ll have to establish that a doctor-patient relationship existed. This means the provider had a professional duty to care for you as their patient. Receiving medical advice from a friend who happens to be a doctor doesn’t qualify for a malpractice case.
Breach of Care
Next, you must demonstrate that the healthcare provider failed to meet the commonly accepted standard of care. This often requires expert testimony from other medical professionals who will need to explain how the provider’s actions deviated from what a competent doctor would have done.
Causation
You must also prove that the negligence directly caused their injury. If a doctor makes a mistake, but you didn’t suffer any harm, it’s probably not a valid claim. However, if the mistake led to a new or worsening health condition, additional surgeries, or permanent disability, you may have grounds for a lawsuit.
Provable Damages
Finally, the patient must show damages, which may include medical expenses, lost income, pain and suffering, and costs associated with long-term care needs. These damages are to help compensate malpractice victims and their families for the physical, financial, and emotional toll they suffered.
Challenges in Medical Malpractice Cases
Medical malpractice cases are often quite complex and will typically require extensive evidence.
Healthcare professionals and hospitals often have large teams of legal professionals to defend them against claims. This can make it difficult for victims to secure fair compensation without the help of an experienced attorney.
Another common challenge is proving that it was the provider’s negligence, rather than an underlying or preexisting condition, which caused the injury. Defense attorneys may try to argue that your condition would have worsened regardless of the doctor’s actions. Medical experts brought in by your lawyer can play a critical role in countering these arguments and proving how the provider’s mistake contributed to the harm.
Another challenge is dealing with Illinois’ medical malpractice laws. The state imposes a statute of limitations on malpractice claims, meaning victims must file a lawsuit within a certain timeframe. In most cases, you have two years from the date you discovered your injury to take legal action. However, some exceptions apply, particularly in cases involving minors or if there was a delayed diagnosis.
Illinois also requires an affidavit of merit, meaning a qualified medical professional must review your case and confirm any likely malpractice. This rule helps prevent frivolous lawsuits but also increases the need to have experienced legal guidance early on.
Compensation for Medical Malpractice Victims
As a victim of medical malpractice, you could be entitled to various types of compensation.
Medical expenses such as hospitalization, surgeries, rehabilitation, and long-term care, often make up a significant financial loss, and a majority of the claim. Many victims also experience lost income if their injuries prevent them from returning to work.
“Pain and suffering” damages can financially compensate you for any physical pain and emotional distress you’ve experienced from the malpractice. If your case involves severe or permanent injuries, you should also seek damages for any loss of enjoyment of life or ongoing disabilities.
What a Chicago Medical Malpractice Lawyer Does
Navigating a medical malpractice case requires experience, knowledge of Illinois laws, and strong advocacy skills. A Chicago medical malpractice lawyer helps you and your family by investigating your case, gathering key medical records, consulting with experts, and negotiating a fair settlement with insurance companies.
Many malpractice cases are settled before ever going to trial, but if a fair settlement can’t be agreed on, your lawyer should be ready to represent you in court. They’ll present key evidence, cross-examine eyewitnesses, and argue on your behalf to get you the compensation you deserve.
Hiring a lawyer early in the process can help ensure that you meet all legal deadlines and avoid common pitfalls. Medical providers and their insurance companies will often try to minimize their own liability, which makes it crucial to have an attorney who’ll fight for your best interests.
At Thomas Law Offices, we believe that no one should have to suffer because of a healthcare provider’s negligence or malpractice. When medical mistakes cause patients harm, they have the right to seek justice and adequate financial support for their recovery.
Our Chicago medical malpractice lawyers will provide you with the guidance and legal representation you need to navigate the complexities of a malpractice claim. By taking legal action right away, you and your family can focus on healing while your attorney fights to secure the compensation you need and deserve.
Call us today for a free consultation, and let’s take the first step in getting you justice.
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