312-372-1227 Understanding Medical Negligence
Did you suffer an injury at the hands of a medical provider you trusted? If so, you should contact a Chicago medical negligence lawyer as soon as possible. From supporting you in your recovery to helping you navigate the complexities of a lawsuit, the value of an experienced attorney cannot be overstated.
At Salvi, Schostok & Pritchard P.C., we understand that the legal process may seem confusing, even intimidating. That’s why our team of medical negligence lawyers will handle your case for you so you can remain focused on healing.
What Is Medical Negligence?
Medical negligence occurs when a medical provider undertakes or fails to take action, and the provider’s action or inaction is the direct proximate cause of the patient’s injury.
Can you sue the hospital for medical negligence? You can if its personnel — including doctors, nurses, nurses’ aides, or other healthcare providers — deviate from the standard of care that the hospital owes to the patient. The hospital may be liable for its employee’s negligence if the evidence shows that the employee was inadequately supervised. Although hospital patients should not be put at risk by negligent medical treatment or misdiagnosis, hospital negligence is a common claim a medical negligence lawyer in Chicago can handle for you and your family.
What Makes a Victim of Medical Negligence Eligible to File a Claim?
To be eligible to file a medical negligence claim, the “patient must show that a duty of professional care existed, that such duty was breached when the physician [or other healthcare provider] deviated from the standard of care, and as a result of such breach, there was injury, and that such injury is measurable in damages that the court can use to calculate the redress owed to the plaintiff.”
To ensure you can pursue compensation in court, you must file your medical negligence lawsuit within two years of the discovery of your injuries. The statute of limitations sets this deadline. Failure to file within this timeframe may result in a judge barring you from proceeding in court.
However, Illinois’s statute of repose requires that any medical negligence lawsuit be filed within four years of the date of the injury. If you don’t discover your injury until after the four years have passed, you cannot pursue compensation for your losses.
These critical deadlines highlight the need to hire an attorney as soon as possible after discovering the injuries or harm due to medical negligence.
Types of Medical Negligence
A wide variety of errors can lead to a claim for medical negligence, including:
- Wrong Diagnosis – Your medical provider may be liable for medical negligence if they incorrectly diagnosed your disease or condition. A misdiagnosis could result in incorrect treatment that could worsen your condition. It may also delay your treatment and result in a more aggressive treatment plan that may not have been necessary had the initial diagnosis been correct.
- Delayed Treatment – Ordering the wrong test that doesn’t reveal your ailment can result in delayed treatment.
- Improper Treatment – The healthcare provider can be liable for medical negligence for improperly treating your disease or condition if they prescribed the wrong medication or course of treatment that caused further injury.
- Lack of Informed Consent – If the doctor or nurse fails to provide the appropriate information concerning the risks of a procedure or alternative treatment options, and you suffer harm, they can be found negligent for those injuries.
- Surgical Errors – A surgical error that injures or harms you can be the basis of a medical negligence claim.
- Emergency Room Errors – An emergency room physician’s deviation from the reasonable standard of care can result in patient injuries in fast-paced emergency room care.
- Pharmaceutical Errors – Medical negligence can occur if the medical provider dispenses the wrong medication, administers the wrong dose, or prescribes a medication to which the patient is allergic or that interacts badly with the patient’s current medication regime.
- Hospital Negligence – Hospital negligence is a form of medical negligence that can occur if a patient is injured by hospital personnel’s failure to report a change in the patient’s status, misinterpretation of test results, or patient neglect.
How to Prove Medical Negligence
You must establish certain legal requirements to bring a successful claim for medical negligence. Your attorney will gather the necessary evidence to build your case and prove the elements of a medical negligence claim.
To prove your case for medical negligence, you must establish that a relationship between you and the medical provider existed that gave rise to their duty of care. You must prove that the medical provider breached that duty and that you were harmed and sustained losses due to their breach of care.
Through medical records and other related documentation, witness testimony, and with the assistance of an expert, your medical negligence attorney will obtain evidence to satisfy the elements of a valid cause of action for medical negligence. Your statement or deposition testimony will also likely be necessary to demonstrate the extent of your injuries and losses.
What Damages Can I Recover in a Medical Negligence Case?
In a medical negligence case, you may have both economic and non-economic losses. To prove your economic losses (those with specific dollar amounts), your attorney may gather medical records and bills to offer as evidence of your medical expenses.
Non-economic losses are more subjective in nature. These losses may require witness statements about how the injury has affected your life and your ability to engage in previously enjoyable activities or activities of daily living.
Your attorney will advise you concerning the compensation you can demand in a medical negligence case, which may include money for:
- Medical expenses
- Lost wages
- Loss of future earning capacity
- Pain and suffering
Contact Our Medical Negligence Lawyers Today
When you work with a Chicago medical negligence attorney from Salvi, Schostok & Pritchard P.C., you will secure a highly knowledgeable and experienced litigator.
We have recovered over $2 billion for our clients, including Illinois’s largest personal injury compensatory verdict to date. We aggressively fight for the rights of our deserving clients and want to do the same for you.
Call us today to speak to a seasoned medical negligence lawyer in a free consultation.
