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According to Attorneys.com You need a medical malpractice lawyer when malpractice occurs, in Illinois this occurs when a doctor or other healthcare professional or institution (doctor, nurse, medical technician, psychiatric hospital or healthcare facility) breaches the standard of care when treating a patient, resulting in an injury or death.
The standard of care is the generally accepted set of standards and practices that other medical professionals would take when treating a similar patient. There are a number of variables to consider when assessing the standard of care, such as the patient’s age and the specifics of his or her condition. Violating the standard of care is known as medical negligence.”
This negligence must result in an injury, and you, the injured patient, must prove that the medical professional’s negligence directly caused your injuries.
Medical Malpractice is the third leading cause of death, according to the Journal of the American Medical Association. However, having a bad medical experience may not mean there is a case. Many medical procedures are very risky in nature.
According to Illinois malpractice law, a patient who believes that they have a malpractice case has up to two (2) years from the date that the patient knew or should have known of the injury to file a lawsuit under the statute of limitations.
Illinois also has a special statute of limitations for patients who are minors (under 18 years of age) at the time the medical malpractice occurred. In these cases, the victim will have up to eight years after the date of injury to pursue a claim. Any claim however has to be filed prior to the victim turning 22.
An experienced Lawyer is the best mediator for your case:
Going up against a medical facility or professional can be daunting and intimidating. Therefore, contacting a medical malpractice lawyer will help you get what you deserve. This eliminates the stress of trying to address insurance companies or other medical professionals on your own. An experienced attorney knows exactly how to address your malpractice claim and will go after the at-fault party aggressively with only the victim’s best interests in mind.
Part of the lawyer’s job is to investigate and determine whether the medical professional has acted within the standard of care necessary. Additionally, the lawyer will investigate other issues relating to your care. Including the device that was used and if it was functioning correctly. Therefore, with a good lawyer on your side, you can rest easy that you will receive the proper compensation.
Malpractice Injuries From Medical Devices
One area in which medical malpractice occurs is medical devices. The Federal Drug Administration reports that it receives several hundred thousand reports pertaining to medical device problems. Consequently, these problems include serious injuries, malfunctions, and even deaths associated with the suspected device.
Therefore, anyone who has an injury from the use of a malfunctioning device should recruit a medical malpractice lawyer to help file a medical malpractice claim. This will often be filed against the company that manufactured the device.
When the FDA is informed of a problematic medical device, they send out a recall list. If a medical provider uses one of the recalled medical devices, there’s a chance that you can have a medical malpractice lawyer file a medical malpractice claim against the provider. Therefore, you can receive compensation for your pain and medical bills.
Medical malpractice facts dictate that if the patient care or treatment provided falls below the accepted standards of practice in the medical community and causes harm to the patient, it may constitute professional negligence. Furthermore, medical malpractice can take many forms.
Some common examples of medical malpractice or negligence that could lead to a lawsuit are:
- Failure to diagnose
- Misreading lab results
- Unnecessary surgery
- Incorrect medication
- Improper prescription dosage
- Delayed treatment
- Disregarding patient history
- Failure to obtain proper consent
- Failure to order proper tests
- Poor follow-up care
This is not an exhaustive list, it does however give you just some of the areas that fall under medical malpractice.
Since 1996, the Law Offices of Marc J. Shuman & Associates, LTD medical malpractice lawyer’s have been helping Medical Malpractice victims, all injured victims and their families, navigate the complex legal process. As experienced personal injury, worker’s compensation, and wrongful death attorneys, we can help you evaluate the facts, assess your options, navigate the legal challenges, and advocate on your behalf.
Marc J. Shuman & Associates LTD has over 77 combined years of experience advocating for over 20,000 injury victims and their families. We advocate on your behalf, so you can focus on the task of recovery.
Illinois Medical Malpractice FAQ
What is medical malpractice?
According to the law in the State of Illinois, Medical Malpractice has occurred when a healthcare practitioner or institution breaches the standard of care when treating a patient, and that breach results in the injury or death of the patient.
A 'Standard of care' is the standard for practices involving a patient's particular circumstances, such as their age, their health at the time before their treatment, and the details of their physical condition, such as their symptoms and general state of health.
What is 'treatment' in the context of Medical Malpractice?
Unlike what you would expect from hearing the term, 'treatment' is quite broad. It can include the obvious meanings like receiving medicine or surgery, but also includes your diagnosis, the administrative process of treating you and making sure you receive proper treatment, and various other factors.
What should I do if I've suffered from Medical Malpractice in Illinois?
Your health comes first. The first thing you will want to do is to make sure that your injury or illness is accurately diagnosed so that you will be able to receive treatment.
Once you have seen to it that you can receive proper treatment, you will want to gather all of the information you can related your case - bills, prescriptions, and other records are all important, and if you have any visible injuries you should photograph them as well.
Store these safely and get in touch with an Attorney as soon as possible. The process of a Medical Malpractice claim is both complex and time sensitive, and the sooner your Attorney can begin their investigation, the more likely they will be able to ensure that important evidence can be preserved.
Is there a cap on what I can claim in a Medical Malpractice suit in Illinois?
While there once was a cap on what could be claimed in a Medical Malpractice Suit, that cap was found to be unconstitutional by the Illinois Supreme Court in 2010. In cases filed after that time, there has been no cap on the damages that can be awarded from medical malpractice cases. This means that the compensation for your injuries will be limited only by the scope of your case, not an arbitrary maximum number.
How long do I have to file a suit for Medical Malpractice in Illinois?
Like most personal injury cases, the Statute of Limitations for Medical Malpractice is two years from the date of your injury, or two years of the date through which "the use of reasonable diligence" you could have known about your injury.
If your injury was not something that could have been immediately discovered, the maximum time for a suit to be filed is four years after the date of which the medical error occurred.
The exception to the above is if the individual for which the claim is being filed was a minor under the age of 18 at the time of the malpractice. In this situation, the case must be filed within 8 years of the time of the medical error, or before the individual's twenty-second birthday, whichever comes first.
What are some of the common forms of Medical Malpractice?
Medical Malpractice can be a very complex issue. It can sometimes be difficult to know if something could be considered Medical Malpractice or not, and it is usually a good idea to consult with an experienced Medical Malpractice Attorney or a Doctor that you trust if you have concerns about whether the treatment that you or a loved one received may have been medical malpractice.
Some of the common forms of medical malpractice include:
- Missed or delayed diagnoses
- Pregnancy-related malpractice
- Surgical Errors
- Medication Errors
- Anesthesia Errors
- Surgical errors
- Failure to properly monitor a patient
What can I be compensated for in a Medical Malpractice case in Illinois?
When filing a suit for medical malpractice, the compensation that is rewarded is based on what is referred to legally as 'damages'. This includes financial damages like your medical bills and lost wages due to your injuries caused by the malpractice, and also more abstract concepts like the pain and suffering you endured because of your injuries. To learn more about the specifics regarding your case, you can request a free consultation with an experienced Medical Malpractice attorney.
What is an 'Affidavit of Merit' and do I really need one?
An Affidavit of Merit is a critical component of any Medical Malpractice lawsuit, as failing to provide one can be considered grounds to dismiss your case. At the most simplistic level, an Affidavit of Merit is proof that you have consulted with a health care professional knowledgeable of the medical issues and treatment relating to your case and that they have concluded that there is a reasonable cause for your claim.