Everything You Need to Know About Medical Malpractice Claims in Chicago
Studies show that over 250,000 people die each year as a result of medical malpractice. In addition, 1.5 million people suffer medical injuries that could have been prevented. There are a variety of situations that can create grounds for a medical malpractice claim. A medical malpractice claim is defined as negligence committed by a medical professional. While many accidents occur in hospitals and in the practice of medicine in general, some of them could have been avoided. Medical malpractice can range from improper diagnosis to life threatening surgical errors.
What is a Medical Malpractice Claim?
In order to have a legitimate claim, there must be: a breach of duty owed to someone, a breach of that duty, and the breach of duty must have resulted in harm or damage. Medical malpractice claims are usually filed by patients who have been harmed or injured due to poor medical treatment. Below are some examples of situations and errors that could lead to medical malpractice claims:
This can include the wrong prescription, inaccurate dosage, and/or prescribing multiple medications with hazardous interactions. Medication errors can lead to serious complications and is often a clear instance of medical malpractice.
Surgical errors can happen in a variety of ways. It can be a surgeon not adequately performing a procedure according to accepted standards, acting carelessly, unnecessarily causing injury, etc.
Subsequent Infections, Injuries, Etc.
This can be any infections or injuries sustained while under a doctor’s supervision/care.
Failure to Diagnose
This is one of the most common issues of medical malpractice. When a disease or injury goes undiagnosed, it can lead to major complications and/or fatality in the future.
Similar to failure to diagnose, misdiagnosis can be a completely inaccurate diagnosis as well a late one. This can lead to a handful of issues including harmful treatments and medications along with not appropriately treating the real problem.
This claim involves neglecting to supervise patients that are under a hospital’s care.
Delayed treatment is when a care provider knowingly delays a treatment that should have been done sooner. When delayed treatment leads to more complications, the patient could have a right to file for medical malpractice.
Failure to Obtain Informed Consent
This happens when doctors fail to explain the benefits, risks and alternatives of a procedure prior to administering any kind of treatment. When the patient can prove that there was a lack of informed consent and the patient suffers complications, this can be clear grounds for medical malpractice.
This type of claim can occur when medical complications or injuries happen because doctors, staff, surgeons, etc. are improperly trained/certified.
Complications that take place during birth due to carelessness or mistakes that result in permanent injury or mother can be a huge sign of medical malpractice.
Failure to maintain or operate equipment properly can lead to life threatening injuries. When injury or death occur due to equipment failures, this can be clear grounds for a medical malpractice claim.
Inadequate Follow-up Treatment
For many procedures and diagnoses, follow-up care can be extremely important. Failing to monitor or follow-up with patients can lead to serious consequences.
Lack of Communication
In most cases, patients are treated by a variety of doctors, nurses, surgeons, etc. It is the responsibility of your care providers to communicate efficiently and effectively about your medical care. A medical malpractice case can be sought if important information fails to be communicated and it results in harm to the patient.
Medical Malpractice Lawsuits
Majority of medical malpractice claims are settled before they reach the courtroom. Often times when the hospital can see that they are in the wrong, they will settle in favor of the patient. However, more than half of medical malpractice cases end up getting dismissed by the hospital. There is often a conflict of interest as most of the proof necessary to win the case, is in the hands of the doctors and hospitals involved. This is why it’s important to contact a personal injury attorney as soon as possible so that evidence is still fresh and attainable.
Statute of Limitations
While we like to assume most doctors and health professionals put their patient’s best interests first, it’s not always the case. In Illinois, a patient has up to two years from the date that they knew of should have known of the injury to file a claim. Successfully proving a medical malpractice claim can be very complex and requires the help of an experience personal injury attorney. Talking with a medical malpractice attorney about the viability of your case is always the best place to start. In Chicago, medical malpractice cases are taken very seriously and should be handled with extreme care. If you feel like you or a loved one has suffered injury or loss due to a medical professional’s lack of or inadequate care, call Whiteside & Goldberg, Ltd.
Whiteside & Goldberg, Ltd.
Whiteside & Goldberg, Ltd. has successfully worked on numerous Illinois medical malpractice cases. They know that there are many tricky scenarios that can lead to a medical malpractice case. You can get a sense of your legal position by taking advantage of their free consultation. Your current finances should not deter you from seeking help. WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875 for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.