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Medical malpractice, also known as medical negligence, occurs when a health care provider breaches a standard of professional care while treating a patient, thereby causing an injury or death. Most people trust doctors and hospitals to provide them with the highest degree of care when it comes to prescriptions, diagnosis, surgeries, and other procedures.
Unfortunately, as our Chicago medical malpractice lawyers recognize, even highly trained professionals can make mistakes. If you believe that you may have been a victim of medical malpractice, the injury attorneys at Moll Law Group may be able to help you seek damages.
Common Examples of Medical Malpractice
There are many types of medical malpractice claims. A few common examples include:
What is Required to File a Medical Malpractice Lawsuit?
In order to prevail in a medical malpractice case, you will have to show a breach of the standard of care. This is defined as the accepted practices that other health care providers in the same specialty would use in treating a similar patient under similar circumstances.
For example, if a doctor misdiagnoses a condition, a patient may lose out on opportunities for treatment that could have prevented a worsening of the condition or death. You would need to have an expert explain why the doctor’s diagnosis was incompetent under the circumstances. Usually this means the expert will look at the differential diagnosis method used to determine treatment. If the expert believes that a doctor in the same specialty under similar circumstances would not have made the same misdiagnosis, you can bring a lawsuit. An expert must analyze all relevant factors, including age, health, and the specific condition at issue. Our medical malpractice lawyers can help Chicago residents retain a persuasive expert for their case.
Shortly after the complaint is filed, a plaintiff needs to file an affidavit that specifies that he or she consulted with an expert who has practiced or taught within the last six years in the area of medicine where a breach of care was committed. It also must state that the expert is qualified in the subject of the case based on demonstrated competence or experience, and that the expert stated in a written report that there is a reasonable and meritorious basis for the lawsuit. The report will have to address liability and causation.
What is the Time Limit to File a Medical Malpractice Suit?
You have a limited time window within which to bring a medical malpractice action. In Illinois, you need to file the lawsuit within two years from the date you knew or should have known you were hurt by the malpractice. If you were under 18 when the malpractice occurred, you have eight years from the date of the act of malpractice, except that you cannot file the action after your 22nd birthday. If the malpractice results in a wrongful death, there is a two-year statute of limitations that runs from the date of the death.
Compensatory Damages in Medical Malpractice Cases
If you successfully prove medical malpractice, you can possibly recover compensatory damages. These typically include medical bills, lost income, mental anguish, out-of-pocket costs, scarring and disfigurement, and pain and suffering. Damages for noneconomic, intangible losses like mental anguish and pain and suffering can vary dramatically, depending on what emotional harm a jury believes naturally flowed from the malpractice.
Contact a Chicago Attorney for a Medical Malpractice Case
The lawyers at Moll Law Group can advise people who have suffered from a misdiagnosis, a surgical error, a birth injury, or another form of medical malpractice. Billions of dollars have been recovered in cases in which we were involved. We represent individuals and families in Naperville, Schaumburg, Wheaton, and communities throughout Cook County. Call us at 312-462-1700 or contact us through our online form to arrange a free initial consultation with a Chicago medical malpractice attorney.
Medical Malpractice Frequently Asked Questions
- Birth defects
- Chronic pain or disability
- Increased medical expenses
- Infertility
- Loss of wages/employment
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