If you have suffered from an IV (intravenous) infiltration injury while receiving medical treatment in Chicago, it can be a painful and potentially serious complication.
These injuries are more common than you might expect. Research has shown that the occurrence of infiltration injuries during IV access in hospitals varies widely, affecting anywhere from 0.1% to 6% of patients needing intravenous therapy. [1]
Understanding your rights and options is key to ensuring proper recovery, both physically and financially. A skilled Chicago IV infiltration lawsuit attorney from Rosenfeld Injury Lawyers can help guide you through the often complex process of pursuing compensation for losses caused by this type of medical negligence.
Can You Sue for IV Infiltration?
Yes, you can sue for IV infiltration if a medical provider was negligent and you suffered significant harm as a result.
If the standard of care was not met during the administration or monitoring of an IV and complications ensued from infiltration, such as damage to surrounding tissues or nerves, sometimes even leading to permanent nerve damage, you might have grounds for a lawsuit under medical malpractice law.
IV Infiltration Explained
IV infiltration occurs when fluid or medication that should be delivered into a vein leaks outside the vein and into the surrounding tissue. This can happen if an IV catheter becomes dislodged, is not inserted correctly, or remains in place for too long.
IV Infiltration as Medical Malpractice
IV infiltration is deemed medical malpractice when medical professionals neglect the standard of care required in IV insertion and monitoring and managing IV lines.
This negligence can manifest in various forms, such as failing to check the IV site regularly, ignoring patient complaints about pain or discomfort at the IV site, or not taking immediate action to mitigate damage once infiltration has been identified.
The Criteria for Filing a Medical Malpractice Claim
To file a medical malpractice claim for negligent IV infiltration, it’s essential to understand the criteria that establish whether your situation qualifies under the law. You’re generally required to prove negligence to be successful in a medical malpractice claim. To do this, your medical malpractice lawyer must prove the following elements:
- Duty of Care: The healthcare medical had a duty to provide safe and proper treatment, which all of them do as soon as they agree to see a patient.
- Breach of Duty: They breached this duty through actions or omission; for example, an IV was improperly inserted, monitored inadequately, or left in place for too long.
- Causation: This breach directly caused the infiltration and subsequent injury, such as tissue damage requiring further treatment.
- Damages: Lastly, you must be able to show that there are real damages resulting from the infiltration. This means providing evidence of harm, which could include additional medical expenses for the treatment arising from IV infiltration, pain and suffering experienced, or lost income.
The IV Infiltration Lawsuit Process
Initiating a negligent IV infiltration lawsuit involves several critical steps.
- Gather Evidence: It starts with the gathering of evidence. This includes medical records, testimony from witnesses, and opinions from medical experts on the standard of care and how it was breached.
- File Legal Complaint: The next phase involves filing a legal complaint against the medical provider or the institution responsible for the negligence.
- Pre-trial and Negotiation: Pre-trial preparations then take place, involving the exchange of information between the parties during discovery, and attempts to resolve the medical malpractice case through mediation.
- Trial: If these efforts fail, the medical malpractice case proceeds to trial, where both sides present their evidence to a judge or jury. The final judgment or settlement will determine the compensation for the plaintiff’s injuries, pain, and suffering caused by the IV infiltration.
The Importance of Hiring a Medical Malpractice Attorney
Hiring a medical malpractice attorney is critical if you suspect that you or a loved one has been harmed due to the negligence of a medical provider. Trained legal professionals bring expertise in evaluating medical records, understanding related laws, and navigating legal systems and court procedures hard for laypersons to manage.
An experienced medical malpractice attorney like those at Rosenfeld Injury Lawyers can negotiate fiercely with insurance companies to recover compensation that fairly reflects your losses and pain. Ultimately, working with a lawyer will level the playing field and give you the best chance at getting the financial compensation you deserve.
Liability for IV Infiltration Medical Malpractice Cases
Liability in IV infiltration medical malpractice cases can extend to different parties, depending on the specifics of how and why the injury occurred. Potentially liable parties might include:
- Healthcare Providers: If a nurse, physician, or other medical professional improperly placed or failed to monitor an IV line leading to leakage, they could be responsible.
- The Medical Facility: The hospital or medical facility may be liable if the protocols for IV placement, patient monitoring, and response to complications are insufficient or if staff training for the medical procedure leads to substandard care. They may also be held responsible under vicarious liability principles, even if they weren’t directly negligent.
- Medical Staffing Agency: In medical malpractice cases, staffing agencies supply medical professionals to medical facilities. They could be held liable if a medical professional doesn’t provide proper care, resulting in IV infiltration and harming a patient’s well-being.
- IV Equipment Manufacturers: If the equipment used during an IV procedure is defective, leading to leakage into tissue surrounding it, then the manufacturer could be legally responsible.
- Pharmaceutical Companies: When IV infiltration occurs due to adverse drug reactions caused by medications that have not been adequately tested or labeled for risks, pharmaceutical companies could also be responsible for this personal injury to the patient.
- Home Healthcare Services: For patients who receive nursing care and IV treatment administered directly at home, these service providers may be liable if their medical professionals fail to correctly administer an IV or respond properly to signs of infiltration.
Your attorney will assess each party’s role in the injury and determine who is responsible for your injuries and therefore who you should seek compensation from.
Damages Our IV Infiltration Lawyers Can Help You Recover
If you’ve experienced significant personal injury from negligent IV infiltration due to medical negligence, our attorneys can assist you in recovering a full spectrum of damages linked to your case. You may be able to obtain compensation for:
- Economic Damages: This covers tangible financial losses related to the injury, like medical expenses for treatment and rehabilitation. Additional damages might include lost wages if your ability to work has been impacted and future income loss if the infiltration leads to chronic issues or disabilities.
- Non-Economic Damages: These are intended to compensate for intangible harms, such as ongoing pain, suffering, and emotional trauma associated with medical complications and the recovery fallout.
- Wrongful Death Damages: In wrongful death cases arising from severe complications related to negligent IV infiltration, families may be able to pursue damages for the permanent loss they’ve suffered with the help of a Chicago wrongful death lawyer. This includes funeral and burial expenses, lost future earnings the deceased would have provided for their family, loss of companionship or consortium, and compensation for emotional pain due to a loved one’s unexpected passing.
You Have Limited Time to Take Legal Action
In Illinois, individuals typically have two years from the date they discover or should reasonably have discovered their injury to file a medical malpractice claim. However, the lawsuit cannot be filed any later than four years after the incident, even if the patient didn’t discover it within those four years.
There are some exceptions that can change this deadline. For example, patients under 18 will have more time to file medical malpractice claims.
It’s crucial to seek legal counsel immediately because if you miss these deadlines, you won’t be able to recover any compensation.
Contact an IV Infiltration Lawyer Today!
Dealing with the consequences of negligent IV infiltration can be distressing and overwhelming, but you do not have to face this situation alone. Our Chicago personal injury law firm is dedicated to guiding you through every step, ensuring your rights are protected, and striving for compensation that reflects your suffering.
Schedule a free consultation today with the experienced team at Rosenfeld Injury Lawyers. Contact us by reaching out online or calling us at (888) 424-5757.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Buffalo Grove, Champaign, Naperville, Rockford  and throughout Illinois.
Resources: [1] NIH