Naperville Medical Malpractice Lawyer

Naperville residents expect medical providers to offer them quality, experienced health care. Some circumstances, however, can leave patients with long-lasting symptoms and a lack of treatment. When a medical provider fails to properly diagnose, treat, or prescribe, this may be considered medical malpractice.

Going up against medical insurance providers and hospital legal teams may seem intimidating as if there will never be justice for their mistakes. Rosenfeld Injury Lawyers represents Naperville, IL, area residents who have been injured by a medical provider’s delayed diagnosis or medical mistake. 

What Is Considered Medical Malpractice in Naperville, IL?

Illinois defines medical malpractice as a situation in which a medical professional or institution breaches the expected standard of care. The law doesn’t specifically define what “standard of care” is, but it is generally compared to how other medical professionals would act and treat a similar case.

Medical malpractice cases are all too common in Illinois, with an average payout of over $220 million per year (ranked as number four in the United States.) An estimated one in three medical providers will be subject to medical malpractice at least once in their career [1].

Experts estimate medical providers make avoidable errors approximately 3% to 15% of the time; medical malpractice lawsuits can help improve those numbers [2].

Common Examples of Medical Malpractice

Medical malpractice covers a wide range of medical mistakes and negligence. Healthcare professionals may make medical mistakes for a number of reasons, including a lack of training.

These are among the most common examples of medical malpractice cases.

Wrong Site and Wrong Patient Surgery

Medical malpractice covers wrong site and wrong patient surgeries. Poorly maintained patient records can lead to a surgeon operating on the wrong body part or, in some cases, the wrong patient altogether. In addition to the unnecessary risks that come with surgery, the patient is also likely to suffer from emotional distress.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis is one of the most common types of medical malpractice in the Naperville, Illinois, area. Medical professionals who misdiagnose or don’t properly diagnose in a timely fashion can be negligent and liable for a medical malpractice claim. 

Misdiagnosing and delayed diagnosing may occur when a medical professional fails to gather the necessary patient information to fully understand their condition. An incorrect diagnosis leads to treatments or medications the patient doesn’t need.

Medication Errors

Medication errors are among the most common types of medical malpractice claims. Physicians who fail to consider a client’s health history or other medications for potential interactions may be considered negligent. Over-prescribing or not prescribing the right medications can also be considered medical negligence.

Birth Injuries

Birth injuries occur during labor and childbirth. Doctors who don’t properly monitor the mother and baby may cause significant injury to the newborn. One of the biggest problems with birth injuries is the consequences may not show up for several years. Labor and delivery physicians are also expected to exercise proper care during labor by monitoring medications.

Nursing Home Negligence

Nursing home residents who aren’t given proper medical care and attention could suffer additional injury or a worsening of their present conditions, sometimes qualifying for a medical malpractice case. Failing to keep clear medical records or monitor resident’s chronic health conditions can lead to additional medical problems and pain and suffering.

Injuries in Medical Malpractice Claims

The injuries from medical malpractice often depend on the environment, the type of mistake, and the patient’s initial health. Some of the most common medical malpractice claims we have handled include the following injuries:

• Infection
• Traumatic brain injury
• Chronic pain
• Paralysis
• Nerve damage
• Spinal cord injury
• Cerebral palsy

If a medical provider’s injury caused you or your family member physical pain and emotional distress, you may be eligible to recover damages. Each of these medical conditions requires ongoing medical care and additional medication and may even affect your ability to work or enjoy the same life activities.

What to Do if You Suspect Medical Malpractice

If you suspect you or a loved one has been the victim of medical negligence, reaching out to a medical malpractice lawyer as soon as possible is crucial. The evidence needed to build medical malpractice cases is often time-sensitive. 

Additionally, Illinois sets a timeline for how long you have to file a medical negligence case. Waiting too long to consider your legal options and discuss your case with a Naperville medical malpractice lawyer could deem you ineligible. A free consultation with a medical malpractice attorney lets you explore your legal options with our law firm.

In the meantime, preserve any evidence you have. You might also discuss your case with other medical professionals for secondary advice. If you decide to work with a medical malpractice attorney, they will consult with other medical providers to compare their standard of care against the medical services you received.

Who Can Be Held Liable for a Medical Malpractice Claim?

Proving negligence is the first step in building a successful medical malpractice claim. The liable party is typically a member of your healthcare team and may include any of the following:

Medical Doctor

Your doctor may be responsible for the medical mistake. This could include the medical doctor (MD), physician assistant (PA), surgeon, psychiatrist, or any other licensed doctor. A licensed pharmacist may also be responsible when a medical error involves prescriptions. Surgeons are among the most common medical professionals sued for medical malpractice.

Nurse Practitioner

Medical teams typically include other healthcare professionals, like nurse practitioners. Nurses are usually in charge of administering medications and monitoring patient vitals. Failing to notify the appropriate physician of a change in the patient’s condition could deem them liable.

Hospital or Nursing Home

The hospital or nursing home itself could also be responsible for medical errors. Hospitals and nursing homes are expected to hire and train qualified medical providers. They’re also expected to have adequate staff and take necessary disciplinary actions when a provider’s qualifications are brought into question.

Other Healthcare Provider

Other healthcare providers, such as dentists, chiropractors, physical therapists, or anesthesiologists, could be liable for a medical malpractice claim.  Anesthesia errors may include administering too much or too little during surgery.

How to Prove Negligence in Medical Malpractice Cases

A successful medical malpractice claim requires proof of negligence [3]. Illinois law requires a medical malpractice case to demonstrate the following:

• Duty of care: Illinois medical malpractice cases require proof of a duty of care. This typically includes proof of a doctor-patient relationship.
• Breach of duty of care: A successful medical malpractice claim demonstrates evidence that the medical professional breached that duty of care, usually through negligence.
• Causation: Illinois also requires medical malpractice victims to prove the medical professional’s mistake was the direct cause of injury.
• Actual damages: Medical malpractice cases also require evidence of actual damages. This may include medical bills, lost wages, or pain and suffering.

Proving negligence isn’t always easy, which is where an experienced medical malpractice lawyer comes in. Evidence that a medical professional was negligent may be direct or indirect.

Direct evidence of a medical personal injury may include written statements admitting a mistake or documents showing inadequate or improper treatment. Indirect evidence may come from other doctors, such as in the form of expert witnesses.

Damages Our Naperville Medical Malpractice Lawyers Can Help You Recover

Whether surgical errors or medication errors, medical mistakes can lead to a wide range of damages. Working with a Naperville medical malpractice lawyer from Rosenfeld Injury Lawyers helps injured victims recover the following types of damages:

• Medical bills
• Lost wages
• Physical pain and suffering
• Diminished earning capacity
• Prescription expenses
• Loss of enjoyment or quality of life

How Much Is Your Medical Malpractice Case Worth?

The value of your medical malpractice case depends on the type of errors and its outcome. Suffering more expensive financial losses will usually result in a higher settlement. A Naperville medical malpractice lawyer from our law firm can offer a free consultation to learn more about the unique factors of your case.

From 1990 to 2020, over $9,000,000,000 in medical malpractice claims have been paid out in Illinois [4]. Our medical malpractice attorneys have worked with other Naperville area victims, and here are just a few examples of settlements we have obtained for our clients:

• $8,500,000 settlement offer for the family of a male patient who lost his life during a routine outpatient procedure when medical staff failed to monitor him.
• $4,150,000 in a medical malpractice wrongful death case when a female patient fell and sustained life-threatening injuries despite calling for assistance.
• $5,000,000 in a surgical malpractice case involving a forgotten instrument that eventually led to infection.
• $9,000,000 for a middle-aged man who suffered preventable injuries following a medical error.

Statute of Limitations for Medical Malpractice Claims in Naperville, IL

The statute of limitations refers to the time period in which state law allows an injured victim to file a personal injury case. Naperville residents injured through medical malpractice have just two years from the date of the injury to file a medical malpractice lawsuit. 

Because it can take time to collect sufficient evidence and build a strong case, it’s crucial to contact our experienced medical malpractice lawyers as soon as you suspect a medical error.

Contact Our Naperville Medical Malpractice Attorneys Today!

Have you suffered an injury and increasing medical bills at the hands of a Naperville medical provider? The experienced lawyers at Rosenfeld Injury Lawyers are here to help you recover compensation through a personal injury lawsuit. We have worked closely with other Naperville area victims, pursuing compensation to help speed up recovery and return to a normal life. Our Naperville personal injury attorneys work on a contingency fee basis, which means you don’t pay anything unless we win your case. Our legal team is ready to investigate your case and fight for the compensation you deserve.

Call us today at (888) 424-5757 for a free consultation. You can also fill out our online form to have one of our lawyers contact you. 

Resources: [1] Forbes Advisor, [2] Forbes Advisor, [3] National Library of Medicine, [4] LeverageRx