Doctors are human, and they make mistakes. Unfortunately, their errors could have lifelong consequences for a patient.
If you or your child received medical care that caused significant harm, speak to a knowledgeable personal injury attorney as quickly as possible. You could bring a lawsuit seeking financial recovery, though these cases are complicated, and the laws impose rigid time limits.
A Rosemont medical malpractice lawyer at The Kryder Law Group could review your records and advise you about the next best steps. A lawsuit could provide you compensation for your medical expenses, lost wages, pain and suffering, and any other impacts the healthcare provider’s mistake had on your quality of life.
Situations That Could Lead to a Medical Malpractice Claim
Medical malpractice could arise in various situations. Any healthcare provider could commit malpractice, not just a doctor. Nurses, physical therapists, respiratory therapists, pharmacists, and other licensed medical professionals could be the subject of a medical malpractice lawsuit. A patient also could sue a hospital, imaging center, nursing home, urgent care center, or other medical facilities for malpractice.
Any medical action or decision is potentially the basis of a lawsuit. An experienced Rosemont medical malpractice attorney often handles cases involving:
- Surgical errors
- Delayed or incorrect diagnosis
- Birth injuries
- Infections acquired in the hospital
- Anesthesia mistakes
- Administering the wrong drug or the wrong dose
- Failure to obtain informed consent
Whenever a patient is in a worse condition after treatment than before, it is worth considering whether medical malpractice has occurred.
A poor outcome does not necessarily mean that a healthcare professional committed malpractice. It is not always the healthcare professional’s fault when a patient does not get the desired results. However, a healthcare professional must apply the same judgment, skill, and knowledge that a professional with similar credentials would use under the same circumstances. Failing to meet that standard of care is medical malpractice.
Procedural Requirements for Malpractice Lawsuits
When a Rosemont lawyer considers filing a medical malpractice lawsuit, 735 Illinois Consolidated Statutes §5/2-622(a) requires them to have a physician review the patient’s medical records before filing. If the physician reviewer agrees the patient did not receive a reasonable standard of care, they sign an affidavit of merit confirming that facts exist to support the malpractice claim. The legal professional then files the affidavit with the complaint against the treating healthcare provider.
A patient or their surviving family members must bring a medical malpractice action within two years of discovering the medical error. Because not all medical errors are apparent immediately, the statute of limitations clock starts when the patient discovered, or should have discovered, their injuries.
If the patient was under 18 when the malpractice occurred, the rules are more complicated. The patient’s parents could file a lawsuit on their behalf, and the two-year-from-discovery rule would apply. Alternatively, the patient could sue anytime up to eight years after the medical treatment but before their 22nd birthday. A well-practiced Rosemont attorney could recommend a course of action to parents considering a medical negligence lawsuit related to their child.
Possible Recoverable Damages in a Medical Malpractice Case
The damages a patient seeks in a medical malpractice case are meant to reimburse the patient’s out-of-pocket costs and provide payment for their diminished quality of life.
Unlike many states, Illinois does not cap the amount a patient could receive in medical malpractice damages. A skilled lawyer could help a patient document their damages to prove they are entitled to compensation.
Economic damages are the patient’s costs of treating and living with the condition the healthcare provider’s negligence caused, they could include:
- Doctor visits
- Surgeries
- Rehabilitation
- Psychological treatment
- Pharmacy bills
- Incidental expenses
These damages also include compensation for time taken off work and diminished capacity to earn in the future.
Non-economic damages compensate the patient for their reduced quality of life due to the malpractice. A patient could receive money for pain, disability, scarring, emotional trauma, and other impacts of the medical error.
Turn to a Rosemont Medical Malpractice Attorney to Pursue Your Claim
If a medical professional did not provide you with the quality of care you deserve, you could take legal action. A Rosemont medical malpractice lawyer at The Kryder Law Group could fight for your interests until you receive an adequate settlement for your injuries.
You do not have to just live with a medical mistake. You could heal and move forward with your life by seeking compensation. Contact us today to speak with a capable attorney.