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Medical Malpractice

Every day, people trust doctors with their lives. That’s a reasonable assumption – physicians and other healthcare professionals have a sworn duty to provide safe, ethical and accurate medical treatment to their patients. But that doesn’t always happen. As many as 250,000 people in America are the victims of medical malpractice every year.

VERDICTS AND SETTLEMENTS

  • $6 Million Medical Malpractice Settlement - January 26, 2015 –  Patrick A. Salvi and Patrick A. Salvi II of Salvi, Schostok...

    $6 Million Medical Malpractice Settlement

    January 26, 2015 –  Patrick A. Salvi and Patrick A. Salvi II of Salvi, Schostok & Pritchard P.C., obtained a $6 million medical malpractice settlement on behalf of a downstate Illinois family whose baby suffered brain damage near the time of birth.

     

    On the morning of January 16, 2010, the plaintiff’s mother arrived at the hospital in labor. Soon after, the fetal monitor showed signs that the baby was in distress. Unfortunately, the doctor and nurses failed to appropriately respond to a non-reassuring fetal monitor strips and waited too long to perform a C-section. A fetal maternal hemorrhage caused the baby to lose blood into her mother’s circulation which led to the baby having diminished red blood cells and hypoxia. The doctor failed to consider the baby would be anemic at the time of delivery and did not recognize a sinusoidal fetal heart rate pattern, which delayed the transfusion of blood to correct the baby’s anemia. The hypoxia ultimately led to irreversible brain damage. The child is permanently disabled and will need around-the-clock nursing care and ongoing therapy for the rest of her life.

     

    “The settlement will help provide this little girl with the care she needs and will help her family with the daily work necessary to keep her healthy,” said Patrick A. Salvi, Managing Equity Partner at Salvi, Schostok & Pritchard P.C.

  • $1.26 Million Medical Malpractice Verdict - Patrick A. Salvi, Aaron D. Boeder and Brian L. Salvi of Salvi, Schostok & Pritchard...

    $1.26 Million Medical Malpractice Verdict

    Patrick A. Salvi, Aaron D. Boeder and Brian L. Salvi of Salvi, Schostok & Pritchard P.C., obtained a $1,265,000 medical malpractice verdict, which was a federal tort claim against government-employed physicians in United States District Court – Northern District of Illinois Eastern Division. Salvi, Schostok & Pritchard lawyers represented a Chicago mother and father whose first born baby boy was a stillborn.

    On November 23, 2011, the mother went into labor at a Chicago hospital. Doctors failed to recognize signs of fetal distress and failed to deliver the baby in a timely manner, resulting in a stillbirth of the baby, who was a full term fetus at the time of his death.

  • $2 Million Medical Malpractice Settlement - September 4, 2015 – Patrick A. Salvi, Patrick A. Salvi II and Aaron D....

    $2 Million Medical Malpractice Settlement

    September 4, 2015 – Patrick A. Salvi, Patrick A. Salvi II and Aaron D. Boeder obtained a $2 million settlement on behalf of a 58-year-old woman from Hoffman Estates, Illinois. The woman had a CT scan done at a Cook County hospital that showed an abnormal sport on the left upper lobe of her lung and required a follow-up examination after treatment. However, no follow-up was done and two years later the woman was diagnosed with Stage IV lung cancer. She passed away a month later and is survived by her husband and daughter.

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FIND OUT IF YOU HAVE A CASE

TALK TO AN EXPERIENCED ATTORNEY

You trusted a medical professional with your health or your loved one’s health. However, something went terribly wrong. As a result, your condition may have worsened, or a loved one may have died. You deserve answers.

The medical malpractice attorneys of Salvi, Schostok & Pritchard P.C. are here to help. We have decades of experience with assisting medical negligence victims and their families in Chicago, Waukegan and throughout Illinois.

We understand the pain, confusion and financial burdens that are caused by medical malpractice. Our goal is to provide you with compassionate and professional legal service. We want to help you to move past this difficult time with the financial compensation and sense of security that you deserve.

Contact us by phone or reach us through our online form. We can provide an immediate, free and confidential consultation and start work on your case today.

How Can Our Law Firm Help You With Your Medical Malpractice Lawsuit?

When you choose Salvi, Schostok & Pritchard P.C. to handle your medical malpractice case, you will work with a law firm that features:

Experience – Medical Malpractice Case Results

Since our law firm was founded more than 30 years ago, we have focused on helping medical malpractice victims. We know what goes into investigating and litigating malpractice cases. We have obtained more than $975 million in verdicts and settlements on behalf of our injury clients, including:

Salvi, Schostok & Pritchard P.C. focuses on seeking justice for medical malpractice victims and their families in Chicago and throughout Illinois. Our success record includes:

$29.1 MILLION VERDICTerdict
on behalf of a Chicago child who developed an infection that led to brain damage and cerebral palsy.

$17 MILLION SETTLEMENT
on behalf of two-year-old Lake County boy who suffered severe and irreversible brain damage during a surgery to remove a cyst on his throat.

$15.35 MILLION SETTLEMENT
on behalf of a DeKalb County child who suffered brain injury at birth due to negligent use of a vacuum extractor device.

$13.3 MILLION VERDICT
on behalf of a Chicago child who suffered injuries to his left shoulder and arm at the time of his birth due to medical negligence.

$12.5 MILLION SETTLEMENT
on behalf of a Lake County girl whose pediatrician failed to timely diagnose and treat an infection that progressed to spinal meningitis.

To discuss the unique facts of your case, please contact us today by phone or through our online form. Our consultations are always free and confidential.

Skill

Our attorneys are aggressive negotiators. We know how to work with doctors, hospitals and their insurers in order to arrive at full and fair settlements for our clients. We are also seasoned trial lawyers. If a settlement is not obtained, we will present a carefully prepared case to a jury on your behalf. We also will resolve any appeals or other post-judgment issues that arise.

Resources

Our law firm works with veteran investigators and highly qualified experts, including doctors, nurses and other medical professionals. They can help us to establish what happened in your case, what party (or parties) should be held responsible and the amount you deserve in just compensation.

What Is Medical Malpractice?

Not all negative outcomes are the result of a hospital or doctors malpractice. It occurs only when a medical professional fails to adhere to an applicable standard of medical care, and an injury or death occurs as a result. In other words, the medical professional failed to do what a reasonably careful professional would have done if facing the same or similar circumstances.

To better understand what medical malpractice is – and whether it has harmed you or a loved one – please view Patrick A. Salvi II’s medical malpractice definition in this video:

What Are Common Malpractice Cases?

Medical negligence can be committed by a hospital, doctor, nurse, dentist or any other medical professional. It can arise in a wide range of situations, including:

birth injury medical malpractice attorney Illinois

BIRTH INJURIES / PEDIATRIC MALPRACTICE INJURIES
A doctor or nurse may fail to notice signs of trouble or act in a timely manner when emergencies arise during pregnancy, labor and delivery. Brain injuries, cerebral palsy, brachial plexus injuries and nerve damage are common birth injuries. They can adversely affect a child’s quality of life and lead to costly medical needs.

Chicago medical malpractice lawyers surgical errors icon

SURGICAL ERRORS
A wrong-site surgery can occur when a doctor amputates the wrong limb or operates on the wrong area of the body. Other surgical mistakes include using unsanitary tools, failing to identify infections in a timely manner, perforating bowels, puncturing an organ and leaving gauze, clamps or other instruments inside a body.

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MEDICATION ERRORS
These errors can occur when a doctor prescribes the wrong medication or dosage or fails to note serious drug allergies. A pharmacist can also incorrectly fill a prescription with the wrong drug.

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DIAGNOSTIC ERRORS
Doctors may take incomplete medical histories, ignore symptoms of serious medical conditions such as cancer, stroke or infections or fail to order necessary tests, leading to a missed or delayed diagnosis.

ANESTHESIA ERRORS
Anesthesiologists may make errors with drug administration, machine operation, airway management, breathing circuit / ventilation, fluid and electrolyte management, IV apparatus use and monitoring devices.

EMERGENCY ROOM ERRORS
Even in the hectic environment of an emergency room, healthcare professionals owe a duty of care to their patients. Rushing through an examination could cause doctors, nurses or others to miss opportunities for treatment. Strokes and heart attacks, for instance, are often misdiagnosed in the ER. Researchers who studied the cases of 1,935 patients seen over seven days in one emergency room said they found errors in almost every aspect of emergency care.

RADIOLOGY ERRORS
A misread X-ray, CT scan or MRI may lead to the failure to diagnose cancer or another serious medical condition. A study published in BMJ found that an estimated 40,500 adults being treated in intensive care units die each year due to misdiagnoses.

What Should You Do If You Believe You Are a Victim of Medical Malpractice?

If you believe that you or a loved one has suffered harmed due to medical negligence as described above or in any other situation, you should contact an experienced Chicago medical malpractice attorney without delay.

A lawyer can serve as a liaison between you and the hospital or the insurance companies who contact you. The attorney can also begin immediate work on the investigation of your case. Often, steps may need to be taken right away to ensure that important evidence is preserved.

When you meet with a lawyer, you should expect the lawyer to ask questions such as:

  • What medical condition led you or your loved one to seek treatment?
  • When did you receive treatment for the condition?
  • Where did you receive treatment?
  • Who provided the treatment to you?
  • What specific treatment did the medical professional provide?
  • How has the treatment hurt you physically, emotionally and financially?

It will help if you can compile medical records, invoices and insurance statements. However, if you cannot track down those documents, it should not stop you from getting legal help.

How Does a Medical Malpractice Claim Work in Illinois?

Pursuing a malpractice claim due to a doctor or hospital mistake in Illinois can be a complex and time-consuming process. The initial steps in the case will include:

  • Getting copies of your medical records
  • Asking medical professionals to review your records
  • Interviewing witnesses.

Once the initial investigation is complete, your lawyer will file a lawsuit, or complaint. The complaint typically is filed in the Circuit Court in the Illinois county where the incident occurred. However, a complaint could also be filed in a federal court.

In Illinois, a complaint must include an affidavit, or sworn statement, from your lawyer. The affidavit must state:

  • Your lawyer consulted with a medical expert
  • The expert was qualified to review your case by virtue of experience and demonstrated competence
  • The expert has determined in a written report that there is a “reasonable and meritorious cause” for filing a lawsuit in your case.

How long it takes to resolve your case after the filing of a complaint will depend on the other side’s cooperation with answering questions and providing documents relevant to your case.

This is a formal evidence-gathering process called “discovery.” In some situations, a court order may need to be obtained to force the other side to comply with a discovery request.

The time it takes to resolve the medical malpractice claims process also will depend on whether the medical professional involved in your case is willing to admit fault and agree to a full and fair settlement of your claim.

In many cases, a medical malpractice claim can be resolved without the need to go to trial. However, if a settlement cannot be reached, you can be assured that your lawyer from Salvi, Schostok & Pritchard P.C. will be well-prepared to take your case to trial.

A trial may focus on both establishing the medical professional’s legal responsibility, or “liability,” and the amount of damages you should recover. In some situations, fault may be admitted, and a trial may focus only on damages.

Settlement talks may continue through trial or even after a verdict is returned.

Once a settlement or verdict is reached in your case, your lawyer will work efficiently to resolve any claims that may be attached to your recovery, account for your legal fees and case costs and disburse the funds you are due.

How Long Do You Have to File a Medical Malpractice Claim in Illinois?

As you consider taking action in your malpractice case, you should keep in mind the statute of limitations that applies to your case. The statute of limitations is the time period you have to file a lawsuit in court.

Under Illinois law, you have two years from the date you knew or reasonably should have known that a negligent act or omission occurred in your case. However, in no case can you bring a claim more than four years after that date.

A special rule applies when a minor, or a patient under age 18, is the victim of medical negligence. The minor is allowed eight years from the date of the act or omission to bring a claim, or until he or she turns age 22.

If a medical malpractice claim involves the wrongful death of a loved one, the statute of limitations is two years from the death of the death.

As you can see from the above, much goes into investigating and preparing a medical malpractice claim in Illinois. So, you should contact an attorney as soon as possible in order to ensure your claim is timely filed.

What Can You Recover in an Illinois Medical Malpractice Claim?

When you pursue a medical malpractice claim in Illinois, you can seek to recover all damages caused by the medical negligence, including compensation for:

  • Past and future medical expenses
  • Lost past and future income
  • Scarring and disfigurement
  • Mental anguish
  • Loss of quality of life
  • Pain and suffering.

You cannot recover punitive damages in an Illinois medical malpractice claim. Different damages may be pursued if the case involves a wrongful death.

An Illinois statute places a cap on the amount that can be recovered in non-economic damages such as a pain and suffering. However, the Illinois Supreme Court has ruled that the cap is unconstitutional.

Contact a Chicago Medical Malpractice Attorney Today

The Chicago medical malpractice lawyers of Salvi, Schostok & Pritchard P.C. can begin an immediate investigation of your case. We can also consult with highly qualified medical experts who can review your case and help us to assess why you or a loved one suffered harm.

Strict time limits apply to filing medical malpractice claims in Illinois. This makes it important to take immediate action if you believe that you or a loved one was harmed by the negligence of a medical professional.

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 seek the justice you deserve. Schedule a free, confidential consultation today by contacting us today by phone or online.

Sources / More Information

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26

July

2016

35 U.S. deaths linked to scope infections

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CHICAGO (Salvi Law) – A total of 35 people died in the United States after contracting infections from contaminated medical scopes made by Olympus. The deaths come after a company leader told execs not to issue warnings to U.S. hospitals…

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