Medical malpractice is one of the most serious offenses in personal injury law. Healthcare professionals are meant to be trusted when patients put their care in another person’s hands.
Unfortunately, negligence on the part of those healthcare professionals can put patients at risk of serious injury or even death. A Peoria medical malpractice lawyer from our law firm can help victims file claims against these entities or individuals for damages suffered due to negligence.
Rosenfeld Injury Lawyers has a long track record of helping victims of medical malpractice bring lawsuits against providers, physicians, and even medical device manufacturers. Medical malpractice lawsuits are incredibly complex, so you need the right legal team on your side to build a strong case and recover compensation.
Types of Peoria Medical Malpractice Claims
Multiple scenarios can result in medical malpractice claims against negligent parties. Consulting with an experienced attorney who regularly handles these cases will give you the best chance of earning full and fair compensation in your lawsuit.
Some of the most common types of medical malpractice cases include anesthesia errors, pharmacy errors, misdiagnoses, surgical errors, birth injuries, defective medical devices, sexual assault, and medication errors. Falls are also common when under the supervision of a medical professional, in which case you can contact a Peoria slip and fall attorney to handle your case.
How Peoria Medical Malpractice Lawyers Can Help With Your Case
The services of a medical malpractice lawyer are your best chance of winning a case against medical providers, professionals, or product manufacturers. With the experienced Peoria personal injury attorneys from our team on your side, you will be guided through this complex legal process with sound advice and strong representation to protect your rights under Illinois law.
First, you will get a free consultation with one of our medical malpractice lawyers to discuss your case. Then, we will investigate your case and start to gather evidence like medical records, doctors’ reports, bills, and proof of any damages you suffered.
To recover the maximum amount of compensation, we will also negotiate with the insurance company or medical provider. If your medical malpractice claim cannot be settled, we will also represent you in the court proceeding that follows.
Common Injuries in Peoria Medical Malpractice Cases
Medical malpractice claims are one of the most common for personal injury cases in the state of Illinois. They can have dire consequences for the victims, though the specific injuries resulting from each incident vary in terms of severity.
Some common injuries in medical malpractice cases include illnesses, infections, bed sores, broken bones, uterine rupture, sepsis, medication errors, abuse, loss of function, and even paralysis.
In the worst scenarios, a patient may even die due to medical errors, in which case surviving family members should call a Peoria wrongful death attorney immediately to hold the at-fault party responsible.
How to Prove a Medical Malpractice Claim in Peoria, Illinois
Winning a medical malpractice lawsuit is not easy. You must be able to prove that negligence on the part of the defendant was the cause of your injury or illness and that legal damages have occurred as a result. There are four main elements required to make your case constitute medical malpractice:
- Professional relationship – You and the defendant had a doctor-patient relationship when the incident occurred
- Duty of care – The healthcare professional had an expected level of care on your behalf to prevent illness or injury
- Breach – The defendant’s conduct broke the expected duty of care
- Damages – Their actions directly caused your damages
Who Can Be Liable for Your Medical Malpractice Claim in Peoria?
Medical malpractice lawyers can help you build a strong case against a healthcare professional. The party liable for your injuries, illness, or the death of a loved one is the defendant in a medical malpractice lawsuit. Several parties could be liable for medical errors.
Health Professionals
Individuals who work in healthcare roles are most often the defendants in medical malpractice claims. This could include doctors, nurses, anesthesiologists, surgeons, physical therapists, chiropractors, dentists, and other medical professionals.
If this medical professional’s negligence resulted in your damages, then they can be held liable for medical malpractice. With roughly 661 primary care doctors in Peoria, IL, the likelihood of receiving negligent medical treatment or a misdiagnosis is always a possibility [1].
Product and Drug Manufacturers
Medications and medical devices can also be improperly designed or installed and put patients in danger. When this happens, the company responsible for creating the product could be a liable party in medical malpractice lawsuits. If the product does not function as it is meant to, then a design or production flaw may be the fault of the manufacturer.
Insurance Companies
Although defendants in medical malpractice cases are usually medical professionals or manufacturers, there are rare cases where an insurance company can be sued. For example, if the insurance company avoids payouts for coverage or is negligent in responding to your claim, they could be sued in a separate claim if you suffer additional harm as a result.
Health Care Facilities
Facilities providing healthcare services can also be defendants in a medical malpractice lawsuit. Nursing homes, emergency care facilities, and other medical provider entities may be at fault for your injuries or illness, in which case you can work with a lawyer to file your claim against them.
There are 37 nursing home facilities alone in Peoria, IL, and the elderly population in these facilities is particularly vulnerable to malpractice or abuse [2]. Often, victims are overwhelmed by the resources of an entity this large, so hiring an attorney is crucial to help level the playing field.
Compensation for Medical Malpractice Victims in Peoria, IL
The purpose of a medical malpractice case is to recover compensation for damages suffered by the plaintiff. Multiple types of damages can play a role in your case, such as economic, non-economic, punitive, and wrongful death.
Economic damages include medical bills, costs of future medical treatment, and lost wages. Emotional trauma, physical pain, and loss of enjoyment of life are considered non-economic damages.
If punitive damages are awarded, it is because the defendant behaved with particular malice or intent. Lastly, if medical negligence played a role in the death of a loved one, you could seek wrongful death damages as a surviving family member, including funeral costs, loss of financial support, and loss of companionship.
Statute of Limitations on Medical Malpractice in Peoria
The statute of limitations sets a limit on how long people have to file personal injury claims. For cases involving medical negligence, the plaintiff has two years from the date of the injury to file their claim. If you wait any longer, you will have no legal grounds to pursue compensation.
If the injury or illness is discovered later, then you might have up to four years to file your claim against medical professionals, facilities, or manufacturers.
Types of Cases Rosenfeld Injury Lawyers Handle
Our team handles all types of injury claims against the medical community.
An anesthesia or procedural error that the medical professional makes during surgery can cause serious injuries or even death, resulting in a lawsuit. Birth injuries are all too common for both mothers and newborns and if the healthcare professional involved in the incident somehow caused the injuries, they can be held liable.
A misdiagnosis of a condition could cause months of ineffective treatment and ongoing medical bills draining the victim’s bank account. If the correct diagnosis had been given in the first place, all that suffering would have been avoided.
To give you a sense of what you can accomplish with the right law firm on your side, here are some medical malpractice cases our team has settled in the past:
- $8.5 million for the family of a man who died after routine surgery when the hospital staff failed to monitor him;
- $4.15 million for the family of a woman who called for assistance numerous times and then fell on her way to the bathroom and died from her injuries;
- $5 million for a patient who was infected with sepsis due to an unidentified surgical instrument left in the patient’s body during surgery.
How Much Does it Cost to Hire a Medical Malpractice Lawyer in Peoria?
If you are facing a case of medical negligence, you are likely facing a heavy financial burden because of the damages. Our team works on a contingency fee basis, which means no upfront costs for you. We only get paid if we win your lawsuit. Then, our fee is simply deducted from the settlement. This agreement also incentivizes our attorneys to work harder for each client.
Talk to a Peoria Medical Malpractice Lawyer Now
Medical professionals, providers, and manufacturing companies are tasked with protecting the best interests of their patients and customers. When they fall short of this expectation due to negligence, the consequences can be severe for the victims. Whether you are dealing with negligent medical providers, surgical errors, or defective devices, Rosenfeld Injury Lawyers can help you build a strong case with compelling evidence to ensure the at-fault party is held accountable and your damages are covered with a successful claim.
Call our law firm today at 888-424-5757 or fill out the contact form to get in touch for your free consultation with one of our personal injury attorneys.
Resources: [1] Healthline, [2] US News,
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