Medical Malpractice Attorney in Hanover Park, Illinois
When someone is injured as the result of an accident, you can often seek compensation from the at-fault party either through an insurance settlement or by bringing forward a personal injury claim. But if the injury occurs in a healthcare setting due to medical malpractice or medical negligence, these suits can be much harder to bring forward.
If something like this has happened to you or a loved one and you want to learn more about the compensation available in a medical malpractice claim, call us at Maritote Law. We’re able to represent clients in and around the Hanover Park, Illinois, region, including Cook County, Schaumburg, Bloomingdale, and Rosedale.
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Medical Malpractice in Illinois
You may be able to bring a medical malpractice claim forward if you were a patient who was injured due to the negligent actions of a healthcare professional, and this can happen under several different circumstances:
a doctor misdiagnosing your condition
a failure to diagnose a condition in the first place
a nurse administering the wrong drug or dosage
a surgeon making a mistake that causes permanent injury
an infection received while admitted to a hospital
failure to warn a patient about the potential risks of a procedure or treatment program
an anesthesiologist administering the wrong dosage of drugs before a surgery
In Illinois, you must bring a medical malpractice case forward within two years of the date of injury to stay within the statute of limitations. In cases where the injury wasn’t detected for weeks or months after the precipitating incident, the timeline will start from the date the patient was aware of the injury. However, even under these circumstances, in most cases, you cannot bring a case forward more than four years from the date the medical error occurred.
The exception to this is if the injured patient was a minor, in which case you have up to eight years or before the victim’s 22nd birthday to file a lawsuit.
Who Can Be Sued For Medical Malpractice?
In any personal injury lawsuit, you always need to know who the liable party is. For example, in a car crash, it can be fairly simple to identify who caused the accident and who can be held legally at fault. However, in a medical malpractice case, it can be much harder to know who was responsible for the error occurring and whether you have standing to file a lawsuit against them.
So, who can be liable in a medical malpractice claim? Contrary to what many people may believe, it’s not just doctors but any medical professional who has a duty of care to the patient that they neglected in some way. This includes nurses, anesthesiologists, pharmacists, medical technicians, dentists, psychiatrists, specialists, pharmaceutical companies, and hospitals.
Note that just because a medical professional made a mistake or your outcome wasn't as beneficial as expected, that doesn’t mean that you can automatically file a claim against them. You’ll be required to include expert medical testimony stating that the actions of the individual were below the standard of care that someone else in their field would have provided and the injury was directly related to this. This is a complicated requirement but can be made easier by working with a medical malpractice attorney.
Basic Elements of a Claim
Before you take the first steps of contacting a personal injury attorney about an injury from a doctor’s negligence, you should understand the basics of bringing forward a claim. Specifically, you should know what elements are needed to prove medical malpractice:
There was a doctor/patient relationship: This is the easiest element to prove in your case. Basically, you must show that you had an established healthcare relationship with your provider and they were treating you directly.
The doctor was negligent: You’ll next need to prove that the provider was negligent in their care, not simply that you weren’t satisfied with their care. This is typically done by comparing the actions of your provider to someone in a similar position in the medical field.
The negligence led to injury: Third, you must show a direct connection between the doctor’s negligent action and your injury.
The injury caused damages: Lastly, you must be able to show that the injury resulted in damages to you.
The nature and extent of your injuries can dramatically affect the kind of damages you’re able to seek. In general, medical malpractice victims can pursue general damages (such as loss of enjoyment or pain and suffering), special damages (which are typically lost wages or medical bills), and punitive damages (which are usually reserved for only the most egregious actions).
Medical Malpractice Attorney Serving Hanover Park, Illinois
If you’re in the Hanover Park, Illinois, area and would like to consult with an attorney who will listen compassionately and fight aggressively on your behalf, contact us at Maritote Law to schedule a consultation.