Types of Medical Malpractice Claims in Illinois

Medical malpractice occurs in many ways. The more you know about the different types of negligence committed by doctors, nurses and other medical professionals, the better you can understand what happened to you or your loved one.

Please take a close look at our information in this section on types of medical malpractice that can harm patients and their families. You should follow up on what you learn by scheduling a free, confidential consultation with us at our Chicago or Waukegan offices or a location that is most convenient for you.

The medical malpractice lawyers at Salvi, Schostok & Pritchard P.C., believe that injured patients and their families throughout Illinois deserve a careful investigation of their case and a thorough explanation of their legal options.

Contact us by phone or online to get started today in your case.

Missed and Delayed Diagnoses

If the diagnosis of a medical condition is missed or delayed, it prevents you from getting the treatment you need. Your condition can, in turn, quickly worsen.

Diagnostic errors occur when:

• You are not diagnosed with a medical condition despite having signs and symptoms that are consistent with the condition
• You are diagnosed with a condition that you do not have
• You are diagnosed after the condition has reached an incurable stage.

Missed or delayed diagnoses frequently happen. For example, one study estimates that 28 percent of cancer cases in the U.S. are misdiagnosed, resulting in patients failing to get timely treatment such as chemotherapy and radiation.

Strokes and heart attacks also are commonly misdiagnosed medical conditions. For example, a study of stroke victims found that roughly 1 in 10 visited the hospital less than 30 days before the stroke occurred. Out of those patients, 1 in 4 went home with no diagnosis or the diagnosis of a benign condition.

Doctors, nurses, lab techs and others may all be responsible if you or a loved one is harmed by the failure to properly diagnose your medical condition.

Pregnancy Malpractice Suits

Preventable medical mistakes can occur during the planning, pregnancy and labor/delivery stages. These errors can lead to a child suffering a disability such as cerebral palsy. In some cases, they may cause a tragic loss of life.

For example, many parents today undergo prenatal genetic testing to determine whether there is a risk of the mother giving birth to a child with a certain condition such as cerebral palsy or Down syndrome.

If the parents are told there is no risk based on the test results, and a child is born with that condition, the parents may have grounds for a genetic testing malpractice or wrongful birth lawsuit.

During a woman’s pregnancy, she will trust her obstetrician to closely monitor the pregnancy, order proper tests and prescribe safe medications. If the obstetrician is negligent, it may lead to the failure to identify gestational diabetes, birth defects or other harm.

Mistakes may also be made during labor and delivery by doctors, nurses or midwives, leading to devastating birth injuries. These errors may cause a child to suffer physical trauma or deprive a child of oxygen, leading to brain damage.

In many cases, the error involves the failure to respond in a timely manner to complications such as excessive bleeding, fetal distress, shoulder dystocia, uterine rupture or umbilical cord entanglement. A doctor may fail to perform a timely C-section or misuse forceps or vacuum extractors.

After a child is born, the hospital must continue to closely monitor the child’s condition. The hospital should take proper action if breathing difficulties, heart problems, jaundice or other medical issues arise.

Medication Errors

Medication can be used to stabilize or improve a patient’s condition. However, serious harm results from mistakes which are made when prescribing and administering medication. In fact, one study found that 1.5 million people suffer harm each year due to medication errors.

For instance, a doctor may prescribe medication that triggers an allergic reaction or dangerously interacts with other drugs a patient is taking. Patients also suffer harm when they are given the wrong type or dosage of medication, or when they are not given medication according to the right schedule.

Other medication errors involve miscommunication, mislabeling, prescribing medication for “off-label” uses and failing to monitor patients.

Anesthesia Errors

Anesthesia errors happen when doctors, nurses, anesthesiologists and other medical professionals fail to properly check equipment and monitor a patient’s vital signs and level of consciousness during surgery.

If a device malfunctions or anesthesia is negligently administered during an operation, a patient can suffer a stroke or heart attack, brain damage, psychological harm or death.

For example, general anesthesia should allow a patient to sleep and feel nothing during a surgery. However, if an error occurs, a patient may instead be alert and experience severe pain during the procedure while, at the same time, being unable to communicate that he or she is awake. This is commonly called “anesthesia awareness.”

Mistakes can also be made when administering spinal and epidural anesthesia, leading to complications such as spinal infections, nerve damage, seizures and allergic reactions.

Surgical Errors

Several types of surgical errors that injure patients may occur, such as:

Many surgical errors are considered “never events,” or medical mistakes that are so shocking and harmful to patients that they should simply never happen.

Examples of surgical “never events” include performing surgery on the wrong site of a patient’s body or on the wrong patient. Leaving an object inside of a patient such as a surgical instrument or surgical sponge is also an error that should never happen.

Hospital Infections

Hospital-acquired infections (HAI) can lead to serious and potentially deadly illness such as sepsis. In many cases, patients suffer infections when the negligence of doctors, nurses and hospital staff allows harmful germs and bacteria such as MRSA to spread to patients.

For instance, hospital infections can be caused by the failure to:

Because they are at a high risk of infections, patients must be carefully monitored while hospitalized. Often, a patient’s harm results from the failure of medical professionals to diagnose and treat an infection in a timely manner.

Emergency Room Errors

Diagnostic errors are a leading type of emergency room malpractice cases . This is especially a problem when a patient goes to the ER with a dangerous condition such as a stroke or heart attack. The condition may be misdiagnosed as a less serious condition such as a headache or heartburn. Many ER errors can be traced to overcrowding, understaffing and poor training.

Emergency room malpractice can include:

Radiology Errors

Radiologists play an important role in the diagnosis of a patient’s condition. They conduct and interpret X-rays and tests such as MRIs and CT scans. As a result, a patient may fail to get timely treatment when radiology errors occur such as:

Radiology errors carry severe consequences such as pregnancy complications, progression of cancer or the worsening of traumatic brain injury.

Dental Malpractice

Dentists, like other medical professionals, have a duty to follow the accepted standard of care when providing services to their patients. When a dentist fails to follow this standard, and a patient is harmed as a result, a patient may have a claim based on negligence.

Examples of dental malpractice include:

Patients who are victims of dental malpractice can suffer harm such as infections, broken teeth, chronic pain or the progression of a disease.

Failure to Monitor

A failure to monitor can lead to the failure to timely and effectively treat a patient’s medical condition. It can occur in situations such as:

The failure to monitor may result in a medical professional missing signs of complications such as breathing or heart problems, allergic reactions, infections, blood clots and internal bleeding.

Lack of Informed Consent Cases

Before a doctor performs a procedure, prescribes a drug, implants a medical device or undertakes any other course of treatment for you, the doctor has a legal duty to obtain your informed consent.

Informed consent means that the doctor has described the nature and extent of the treatment or described the nature of the drug or medical device. The doctor should also explain the medical reason why a certain drug, medical device or treatment plan is being recommended. Above all, the doctor should make sure that you understand the risks and benefits you face.

If you have suffered harm due to a lack of informed consent, you may be entitled to compensation due to medical malpractice.

HMO Misconduct

A health maintenance organization (HMO) may be liable for the negligence of the doctors, nurses or other medical personnel under its control. However, in many cases, the HMO may be liable for its own negligent or intentional conduct.

HMO misconduct often is related to the HMO’s desire to cut corners and save money. Examples include:

The HMO’s enrollment forms may contain a binding mandatory arbitration clause that purports to take away a patient’s right to bring a lawsuit in court. It is important to have this clause reviewed by an experienced attorney due to the fact that it may be unenforceable.

Contact Our Illinois Malpractice Law Firm Today

When you are ready to act, contact the attorneys of Salvi, Schostok & Pritchard P.C. We are ready to use our skills, experience and resources to help you to seek the justice you deserve. Schedule a free, confidential consultation today by contacting us by phone or through our online contact form.