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Jonathan Rosenfeld - J.D

August 27, 2024

  • Over $450 Million worth of case results
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A medical mistake can be devastating, resulting in lost wages, unnecessary surgical revisions, and emotional damages. If you have suffered harm due to the negligence of a medical professional, you need an experienced Aurora medical malpractice lawyer on your side. 

What Constitutes Medical Malpractice?

In Illinois, medical malpractice refers to an instance when a healthcare professional or doctor failed to comply with the established standard of care for their given specialty. 

As standards of care can differ greatly across specialties, this is determined through the testimony and records of other medical providers in the same field, as well as any standards outlined by medical associations in the given area. 

It takes an experienced medical malpractice attorney to identify the malpractice of a medical professional and hold a doctor’s office accountable. 

Common Medical Malpractice Claims in Aurora, IL

Medical malpractice issues can take many forms, and a skilled medical malpractice law firm will be able to untangle the numerous factors at play to identify who is responsible and why it happened. These are some of the common medical malpractice cases our personal injury law firm has helped resolve. 

Medication and Pharmacy Errors

Given that approximately 61% of Americans over 18 take at least one prescription medication [1] and Aurora has a population of 175,535 [2], pharmacy techs are bound to make errors when trying to serve thousands of people per year. 

Medication errors may lead to overdoses or disease advancement, all of which can create long-lasting consequences for the victim and necessitate the services of medication error attorneys. A pharmacy error lawyer will ensure those who erroneously compounded, packaged, or labeled medications are held accountable for medical malpractice injuries.

Birth Injuries

Approximately 5,105 Aurora residents give birth every year [3], and not all these births go smoothly. Common injuries include hypoxia, lacerations from forceps, head injuries, and fractured bones due to improper maneuvering out of the birth canal. 

If your child suffered injuries at birth due to medical negligence, contact us today for a free consultation about our legal services. 

Misdiagnosis

An Aurora medical malpractice lawyer can assist if you or a loved one suffered harm due to an incorrect or delayed diagnosis. For example, if you had cancer but were repeatedly told it was a more benign ailment, you should contact a misdiagnosis lawyer who can review your medical records and ascertain whether it could have been caught sooner.

Anesthesia Errors

Rush Copley performs over 12,000 surgeries every year [4], most of which require anesthesia. Improperly administered anesthesia can result in patients waking up during the procedure, resulting in severe psychological trauma; it can also result in allergic reactions, hypoxia, paralysis, or death. 

An anesthesia error lawyer will be able to prove there was an error, not an undisclosed allergy or other pre-existing condition, that caused the adverse reaction, ensuring you receive maximum compensation for your suffering. 

Emergency Room Injuries

Illinois hospitals are short by over 15,000 workers [5], with the most acute shortages being found in emergency rooms across the state and contributing to more accidents. Common injuries include falls and improper transfer of patients from gurneys to beds. 

Surgical Errors

Any surgical procedure has risks, but an Aurora medical malpractice lawyer will use research and medical records to ascertain whether a poor outcome was due to negligence by the attending physicians. 

For example, if a medical instrument was left inside your body, or the surgeon operated on the wrong part of the body, you should contact a surgical error lawyer right away. 

Emergency Room Mistakes

You may have an Aurora medical malpractice claim if understaffing, miscommunication, or neglect led to a delayed diagnosis of a serious issue, such as a spinal cord injury or internal bleeding. In this case, you should seek legal counsel from an ER malpractice lawyer to begin the medical malpractice lawsuit process. 

Nursing Home Abuse

There are 108 nursing homes in Aurora, 9 of which are rated as “poor” by US News and World Report [6]. Our law office has handled hundreds of cases where an elderly victim suffered serious harm due to abuse by staff in nursing homes. This can include broken bones, medication overdoses, emotional trauma, or a worsening of their conditions due to neglect. 

You need an experienced Aurora nursing home abuse lawyer on your side to hold staff and physicians responsible for your loved one’s suffering.  Call us today to discuss your case. 

Wrongful Death

Tragically, some medical malpractice results in the death of the patient. This can be due to issues such as anesthesia overdoses, medication errors, or dying because of delayed diagnosis. If your loved one passed away because of the negligence of a doctor or medical system, an Aurora wrongful death lawyer can ensure healthcare professionals are held responsible for your loss. 

Damages Our Aurora Medical Malpractice Lawyers Can Help You Recover

In cases of medical malpractice, an Aurora personal injury lawyer from Rosenfeld Injury Lawyers will ensure you receive all compensation owed to you by the doctor’s insurance company. 

This includes both economic damages – financial losses like medical bills and burial expenses – and non-economic damages, which is compensation for how the injury impacted your life. 

Common damages awarded during a medical malpractice lawsuit include:

Economic

  • Medical expenses
  • Out-of-pocket expenses for medical devices like mobility aids
  • Lost wages
  • Funeral costs

Non-Economic

  • Pain and suffering
  • Catastrophic injuries, like paralysis or disfigurement
  • Emotional damage, such as PTSD or anxiety
  • Loss of enjoyment of life
  • Loss of companionship in the case of wrongful death

Financial Compensation Typically Awarded in Medical Malpractice Lawsuits

The compensation your Aurora medical malpractice lawyer can recover for you depends greatly on the circumstances of the case. Our team will work hard to ensure you receive all of the economic damages and non-economic damages to which you are entitled. 

There are no caps on damages for medical malpractice in Illinois, meaning that with a good Aurora personal injury lawyer on your side, you can receive a large settlement covering all injuries caused, both physical and emotional. 

These are some of the settlements our Aurora medical malpractice lawyers have been able to recover:

  • $8,500,000 – This suit was settled after a man died due to negligence after a routine outpatient procedure.
  • $5,000,000 – Medical malpractice case due to a surgical error where an instrument was retained, causing sepsis.
  • $4,150,000 – A medical malpractice case filed by family members of a woman who died in the hospital due to a slip and fall, despite calling for nurses numerous times.

Do You Have a Medical Malpractice Case?

An Aurora medical malpractice lawyer from our firm will explain to you whether they feel you have a case during your free consultation with our team. Factors determining whether you have a case include the time period in which it took place and whether there is clear negligence that caused your injuries.

In Illinois, the malpractice statute of limitations is 2 years. This means you have only 24 months to file a medical malpractice claim.  The sooner you retain a lawyer, the better.

Not every poor outcome during a medical procedure constitutes medical malpractice, as doctors are not always able to guarantee a good result. There must be clear negligence, such as administering the wrong doses of medication or undertaking an experimental procedure on a patient not informed of the risk.

There are four factors that determine whether medical negligence took place, which include the following.

Duty of Care

The medical professional has a duty to care for you according to medical standards.  This means they were assigned to your case or dispensed medical advice upon your request.

Breach of Duty of Care

The medical professional failed to uphold the standards of their specialty, either by acting outside of the bounds of their practice or not following proper procedures for your care.

Causation

Your losses were directly caused by this breach of duty, such as falling and breaking a hip because a nurse refused to help you or having to undergo surgical revisions to fix a previous mistake.

Damages

You suffered economic or non-economic damages as a result of the mistake, whether that is lost wages from extended healing time or out-of-pocket expenses for therapy for trauma.

What to Do If You or a Loved One Have Sustained Injury Due to Medical Malpractice

It’s important to act fast when you realize there has been a medical error, as this gives you a better chance of recovering compensation. Follow these steps:

  • Get Appropriate Medical Care – Get a second opinion from a qualified professional, as quick treatment can ensure you do not suffer additional adverse effects.
  • Call a Lawyer – Consult an Aurora medical malpractice lawyer as soon as possible if you suspect malpractice, as this will strengthen your claims.
  • Keep All Records – The hospital may attempt to cover up the facts of the case, so keep your own records to give to your Aurora medical malpractice lawyer.
  • Document Your Recovery – Keep any reports and documentation and be sure to take pictures of your injuries as they heal.

How an Experienced Medical Malpractice Lawyer Can Help You

Any time you face legal issues, you should talk to an attorney, but this is especially true with a medical malpractice case, as these can be very complicated and overwhelming. Here are some of the many ways our team can assist you throughout your journey to justice.

Negotiation With Insurance on Your Behalf

The hospital’s insurance company is not on your side.  They will attempt to diminish your suffering as much as possible. Our team will not fall for their tactics and will be able to negotiate with them based on the facts of the case. 

Calculating the Full Value of Your Claim

With our experience, we are able to accurately assess how much your injuries are worth, ensuring you receive the compensation you are entitled to.

Hiring Experts to Affirm Your Case

An Aurora medical malpractice lawyer from our team has extensive contacts within the medical industry who can provide their professional opinion regarding if your doctor diverged from the established standard of care expected of them, as well as whether your injuries are the direct result of malpractice.

Defending Your Interests in Court

We understand the legal process can be traumatic for someone doing their best to heal from malpractice, so we will attempt to settle your case out of court.  However, if this fails, we are willing to take your case to court and will fight hard to ensure you receive the compensation you deserve. 

How Much Does an Aurora Medical Malpractice Attorney Cost?

Our lawyers work on a contingency fee basis, which means you owe us nothing unless we are able to get compensation for you. This offers peace of mind and ensures you can focus on healing.

Rather than asking for a retainer fee, we will deduct our fees as a percentage of your overall settlement, so you never have to worry about bills or payments. 

Contact Our Experienced Medical Malpractice Lawyers Today!

Jonathan Rosenfeld, Chicago Personal Injury Lawyer

Rosenfeld Injury Lawyers has decades of experience holding medical professionals accountable for injuries caused by inexpert care, ensuring victims receive fair compensation for the harm done to them. We will fight to ensure you  get maximum compensation for the carelessness of medical professionals, whether that is due to anesthesia errors or the wrong dose of a vital medication. 

If a medical professional fails to provide you with competent care, call us at (888) 424-5757 or contact us online to begin your free, no-obligation consultation with a skilled lawyer. 

Resources: [1] Centers for Disease Control, [2] World Population Review, [3] Census Reporter, [4] Practice Link, [5] Crain’s Chicago Business, [6] US News and World Report

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Client reviews

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Michonne Proulx

“Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.”

Ethan Armstrong

“Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.”

Giulia

“This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.”

– Daniel Kaim

“Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother’s death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.”

Lisa