Medical malpractice happens when a hospital, doctor, or other health professional causes an injury to a patient during the course of treatment either through negligence or omission. Sometimes it's because something was diagnosed incorrectly, not diagnosed at all, or treated improperly. Medical malpractice laws require claims to meet certain criteria:
The profession of medicine recognizes certain standards when it comes to providing care to patients. Just because you are unhappy with the treatment or results does not necessarily mean you have a case. If you’re able to show that a competent doctor would not cause harm in the same circumstances of your treatment, you may have a case. In most cases, expert testimony is required to show that the doctor in question deviated in some way from the medical standard of care.
In addition to violating the standard of care, the health care professional must also have caused an injury that would not have happened otherwise. If you've simply been injured during the course of regular treatment with no negligence, you won't have a case. Expert medical testimony is often required to show that this is the case.
Medical malpractice suits are expensive because they often require experts and depositions. For this reason, patients who file medical malpractice suits must prove that they have suffered significant hardship due to the negligence. If your injury results in disability, lost income, unusual pain and suffering, or massive medical bills, you may be able to sue.
Medical malpractice can take many forms. Some examples of negligence that could lead to a lawsuit are:
Lack of proper testing
Improper medication or dosage
Failure to alert you of known risks
Many states require you to file the claim quickly. In Illinois, the statute of limitations for medical malpractice lawsuits is two years after you've discovered—or should have discovered—the injury or within four years of the injury, whichever comes first.
In many cases, there is a limit on the amount of money that can be awarded in medical malpractice suits. Illinois currently has no such limits.
If you think a doctor or hospital is responsible for injuring you during treatment, call me today. Because of the time-sensitive nature of the case, it's important to work with an attorney who understands the urgency and the nuances of medical malpractice.
When you’re injured by the actions of a doctor or medical professional, the pain can be even worse than normal because we trust them to provide us with effective care. Don’t suffer in silence. Let me fight to recover what you’ve lost. Call today and tell me about your experiences so we can work together to get you the damages to which you’re entitled.