Chicago Medical Malpractice Lawyer

In Chicago, and across the country, countless individuals put their lives and well-being in the hands of skilled medical professionals every year. While the majority of these interactions result in satisfactory treatment outcomes, there are unfortunately instances where medical errors or negligence occur, causing significant harm to patients. 

There are more than 250,000 deaths every year as a result of medical errors in the United States. [1] For many injured patients and their families, seeking the assistance of a Chicago medical malpractice lawyer to help them navigate these situations is absolutely essential. 

Read on to learn more about medical malpractice claims, how a lawyer can help you, who could be liable, and what damages you may be eligible to recover. If you need assistance, don’t hesitate to contact the experienced Chicago medical malpractice lawyers at Rosenfeld Injury Lawyers to schedule your free consultation. 

Common Cases Handled by Our Chicago Medical Malpractice Lawyers

At Rosenfeld Injury Lawyers, we are experienced in several areas of medical malpractice cases. Depending on the specifics of your case, you can hire the following types of experts from our legal team:

• Birth injury claim lawyer
• Anesthesia error attorney
• Medical misdiagnosis lawyer
• Delayed diagnosis claim attorney
• Emergency room error lawyer 
• OB/GYN malpractice attorney
• Hospital patient fall lawsuit attorney
• Pharmacy error lawyer 
• Surgical error attorney
• Wrongful death claim lawyer

How Can a Medical Malpractice Attorney Help

A medical malpractice law firm plays a pivotal role when it comes to handling medical malpractice cases. Here’s how a lawyer can help you after experiencing medical negligence:

• Determine if You Have a Case 
• Investigate Your Claim 
• Calculate Damages 
• Negotiate with Insurance Companies
• Provide Peace of Mind

Our attorneys specialize in malpractice cases involving doctors or other healthcare professionals and can provide valuable guidance in these complex medical negligence cases. We will go above and beyond to ensure you receive justice and recover compensation. 

Financial Compensation Awarded in Medical Malpractice Cases

• We handled the medical malpractice case of a man who died after outpatient surgery because the staff failed to properly monitor the man’s condition. We were able to secure more than $8 million through a settlement for the deceased man’s surviving family members.
• We were able to settle a case for a woman who fell while walking to the bathroom. She had called for assistance numerous times and did not receive any help from a nurse or other medical professional. The settlement amount was for more than $4 million.
• In another case, a surgeon failed to remove a surgical instrument, leading to an infection. The patient became septic. We were able to settle for more than $5 million. 

Ultimately, when you’ve suffered harm as a result of negligent doctors, our goal is to ensure you recover maximum compensation. 

The Time Limits for Filing a Medical Malpractice Claim in Illinois

Under Illinois law, you need to file your claim within two years from the date of your personal injury or from when you should’ve reasonably learned of the negligent act causing your injury. Wrongful death claims in Cook County and Illinois generally also have a deadline of two years. 

However, in almost all cases, you must file your claim within 4 years, no matter when you learned of it. This means that if you learn that negligence caused you injury 5 years after the incident, you won’t be able to file a claim for compensation. 

Exceptions to the Deadline

In cases where the injured party was a minor at the time, the deadline is extended to 8 years from the date of the injury. However, the injured minor must file a claim by the time they turn 22 years old. This means if a minor is injured when they’re 17 years old, they do NOT have 8 years to file a claim. They would only have 4 years at the most. 

Medical Malpractice Lawsuit Requirements

If you intend to file a medical malpractice lawsuit, you are generally required to prove the defendant was negligent. Proving medical negligence requires showing the following four elements: 

• Duty: Your attorney first needs to demonstrate that the medical professional owed you a duty of care. This is usually done by showing that a doctor-patient relationship existed. 
• Breach: Next, you must prove a breach of this duty. This can be done by showing the doctor (or other medical professionals) either did something or failed to do something that another reasonably competent practitioner would not have done under the same or similar circumstances.
• Causation: The next element that must be established is causation—a direct link between a healthcare professional’s breach and your injury. 
• Damages: Finally, there must have been actual damages. Examples include medical expenses or lost income. 

Who Can Be Held Liable in a Medical Malpractice Case?

Filing a successful medical malpractice claim means determining who should be held liable. Several potential defendants could be named in this type of lawsuit. 

Doctors and Nurses

Doctors can be held responsible for issues like misdiagnosis, medical mistakes during surgery, or incorrectly managing post-operative medical care. Nurses can be liable if they administer the wrong medications, provide inadequate patient supervision, or fail to relay important information to doctors.

Hospitals

Institutions might bear responsibility through vicarious liability. They may also be accountable for systemic issues like insufficient staffing, lack of appropriate training, or lack of necessary protocols.

Medical Staff

Another healthcare professional, like a radiologist, anesthesiologist, or physician’s assistant, can also carry liability if their negligence contributed to patient harm. 

Pharmacists

A pharmacist can be guilty of malpractice if they dispense incorrect medication or provide the wrong dosage. 

Dentists

They can also be held liable for malpractice, which could arise from complications during a dental procedure or an incorrect diagnosis.

Psychiatrists

Psychiatrists may face liability in cases such as misdiagnosis, inadequately addressing or treating a medical condition, wrongly prescribing medication, or failing to recognize and appropriately respond to a patient’s risk of self-harm or harm toward others. 

Navigating Illinois malpractice claims can be complicated, but knowing who can be held liable and understanding the legal requirements is crucial. 

Medical Malpractice Damages

In a medical negligence case, there are several different types of damages you can recover. They typically fall into the following categories:

Economic Damages

Economic damages are tangible financial losses resulting from medical malpractice. Some of the most common examples include: 

• Medical Bills
• Lost Wages
• Loss of Earning Capacity
• Medical Costs Related to Future Care

Non-Economic Damages

Non-economic damages compensate for intangible losses and suffering caused by malpractice. Examples include:

• Physical Pain and Suffering
• Emotional Distress
• Loss of Enjoyment of Life
• Loss of Consortium 

Punitive Damages

Punitive damages are awarded to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. 

Wrongful Death Damages

Compensation for wrongful death is awarded when a doctor fails to follow medical standards and this negligence leads to a patient’s death.

Damages include:

• Funeral and Burial Expenses
• Loss of Financial Support
• Emotional Suffering of Survivors

Calculating and proving damages in a medical malpractice case requires a thorough understanding of the law and the specifics of the case. Our experienced medical malpractice attorneys can help assess and quantify these damages. 

The Time It Takes to Settle Medical Malpractice Claims

The time it takes to settle a malpractice claim after you’ve suffered injuries can vary significantly and must be determined on a case-by-case basis. 

However, most cases are influenced by several factors that play a role in their timeline, including the complexity of the case, how long it takes for the plaintiff to realize they are injured, how many medical experts are needed, whether both parties are willing to settle, and how cooperative the hospital is in providing needed documents like medical records. 

It’s not unusual for these cases to take up to one year and in many cases, it could even take several years. 

The Cost of Hiring an Experienced Medical Malpractice Attorney in Chicago, IL

Hiring an experienced lawyer may sound intimidating and expensive. Fortunately, our attorneys operate on a contingency fee basis, making our services affordable and accessible to all who need them. 

Under this payment structure, you don’t pay anything upfront, and you won’t pay us unless we win or settle your case. If the case is successful, we receive a percentage of the settlement or verdict. This means money never has to come directly out of your pocket.

The Process of Filing a Claim With Our Chicago Medical Malpractice Attorneys

Our experienced attorneys will guide you step-by-step through the process of handling these types of cases. Here’s a brief overview of what this entails:

• We start with a free consultation to discuss the incident and explore legal options.
• We will gather necessary evidence, including medical records and bills to try to show evidence of negligence.
• We’ll file a legal claim against the responsible parties, detailing every instance of negligence and what we’re seeking.
• Negotiations for a settlement will be held with the defendant’s representative. Our goal is always to reach a settlement for fair compensation.
• If we still can’t reach an agreement, we will represent you at trial. 

The Cook County, IL Hospitals

Causes of Medical Malpractice

The causes of medical malpractice often stem from underlying issues of the healthcare system, human errors, and various other factors. Here are some key reasons why medical malpractice occurs:

• Inadequate Training or an Inexperienced Healthcare Provider
• Communication Failures 

• Understaffing 
• Fatigue From Being Overworked
• Lack of Standardized Protocols in Medical Facilities
• Failure to Consult Specialists
• Documentation Errors by Medical Providers
• Technological Issues
• Ignoring or Misinterpreting Symptoms
• Personal Bias or Assumptions 

Contact an Experienced Medical Malpractice Lawyer Today!

Contact Rosenfeld Injury Lawyers today to discuss your next steps at (888) 424-5757.

We also serve clients from Buffalo Grove, Decatur, Peoria , Schaumburg  and throughout Illinois.

Resources: [1] Johns Hopkins