Chicago Medical Malpractice Attorney
Medical malpractice happens when a health care provider or professional fails to take appropriate medical action, neglects to provide appropriate treatment, or delivers unsatisfactory treatment that injures or kills the patient. This form of malpractice usually involves a medical error by a healthcare provider at a hospital or elsewhere. The mistake could occur in any of the following areas: Diagnosis, treatment, aftercare, health management, and medication dosage. If you have suffered injuries at the hands of a negligent health care professional, speak with one of our Chicago personal injury lawyers today at (312) 586-1700.
Many medical malpractice errors are avoidable. Many medical malpractice cases are due to the inattentiveness of medical staff. Patients injured by careless health care professionals can file a lawsuit with the help of a skilled medical malpractice attorney.
Cases of Medical Malpractice in Chicago, IL
It is well-established that hundreds of thousands of people are harmed or killed by medical negligence. Looking at Illinois alone, there have been thousands of cases filed over the last decade that have led to millions of dollars worth of settlements and verdicts. Additionally, a recent statistic cited errors made during the care and treatment of patients by doctors, nurses, and hospitals to be the third leading cause of death. Here at the Chicago Law firm of Taxman, Pollock, Murray & Bekkerman, LLC, you can count on our malpractice lawyers to look at each individual case to determine if a mistake was made. Our legal team also checks if there is a remedy that the law recognizes for that medical mistake and the harm that it caused. Our skilled medical malpractice attorneys have handled all types of medical cases involving matters such as:
- Labor and Delivery issues
- Birth Injuries
- Brain Damage
- Surgical Errors
- Failure to diagnose cancer
- Missed diagnoses
- Pulmonary Embolism
- Air Embolism
- Failure to properly render treatment
- Bed Sores, Pressure Sores and Decubitus Ulcers
- Medication Errors
- Clogged or dislodged Breathing tubes
- Cerebral palsy
- Nursing home abuse or neglect
What Qualifies as Medical Malpractice?
Not every situation rises to the level of a medical malpractice case. Before you file any claim, it’s a good idea to consult with a medical malpractice lawyer regarding your situation. Malpractice claims have the following characteristics:
- A Violation of the Standard of Care – The standard of care refers to the degree of prudence, caution, and attentiveness that a reasonable physician under the circumstances would exercise. The patient and his/her medical malpractice legal team may hold the health care provider or staff liable for not delivering care that is consistent with the standard of care.
- Harm Caused by Negligence – The victim needs to prove that the negligence of the health professional caused injury.
- An Injury that Led to Specific Damages –The aggrieved party must demonstrate that the injury resulted in significant medical issues and can claim as a result past and future medical bills, lost wages, pain and suffering, and disability.
Determining Compensation from a Medical Malpractice Claim
It can be challenging to understand how much compensation an individual will be awarded if their medical malpractice claim in Chicago is successful. No two medical malpractice claims are exactly alike. Every case needs to be examined individually, and an attorney will work with trusted medical and economic experts to adequately calculate total expected losses.
At Taxman, Pollock, Murray & Bekkerman, LLC, we work diligently to recover both economic and non-economic losses that an individual is likely to sustain as a result of a medical error.
- Economic damages. This includes the tangible losses that an individual is likely to sustain after a medical mistake occurs. We can typically calculate these expenses by gathering the bills and receipts that come in after a medical error occurs in Chicago. Some of the most common economic damages associated with a medical error include:
- All medical expenses associated with correcting the error and any additional injuries or illnesses that occur as a result of the mistake
- Lost wages if a person cannot work as a result of the medical mistake
- Loss of future earnings if a person sustains a disability that keeps them from working permanently
- Various out-of-pocket expenses and individual incurs
- Non-economic damages. These types of damages are more immeasurable than the medical malpractice economic damages listed above. With these types of losses, there are no bills or receipts that can be added up to adequately calculate a medical malpractice victim’s:
- Physical pain and suffering caused by the mistake
- Emotional and psychological trauma caused by the medical error
- Loss of consortium experienced by a spouse or family members
- Loss of quality of life
There is no set amount of compensation paid to Chicago medical malpractice victims. Rather, the total compensation paid will depend on the overall severity of the injury, the egregiousness of the error, how long it takes a person to recover, and more.
How Long Will a Medical Malpractice Lawsuit Take?
The resolution of a malpractice lawsuit depends on a wide range of factors, such as:
- Jurisdiction where the Case is Filed
- Complexity and Strength of the Case
- Type of Medical Procedures Involved
- Nature of the Injuries
Your dedicated medical malpractice attorney will determine the right balance between moving the case along at the correct pace but making sure that every avenue or liability and damages is explored before trial. If your case goes to trial, your knowledgeable medical malpractice legal team will vigorously and aggressively represent you in court.
Time Limit for Filing a Medical Malpractice Claim in Chicago
Every state sets a certain timeframe for individuals to file a malpractice lawsuit against negligent medical professionals. In Illinois, the medical malpractice statute of limitations is two years from the date the person discovers or should have discovered their injuries or illness that resulted due to medical malpractice. If an individual fails to file a medical malpractice lawsuit within this two-year time frame, they will likely lose the ability to recover the compensation they are entitled to.
However, there are certainly exceptions to the statute of limitations that you need to be aware of. First, if a minor under the age of 18 is harmed due to a medical mistake, they have up to eight years after the incident to file a claim. They do have to file their claim before their 22nd birthday, regardless of their age as a minor when the mistake was discovered.
If a medical professional such as a nurse or doctor or health care agency purposely withholds information in order to conceal improper care or negligence, the statute of limitations is changed from two years to five years from the date the injury or illness is discovered.
Finally, if a patient becomes so incapacitated that they are unable to file a medical malpractice claim, the statute of limitations will not begin until this disability is no longer present and the individual can physically proceed with the lawsuit.
Why Choose Us as Your Chicago Medical Malpractice Attorney
We have experience in teaching other lawyers about these types of cases. Our skilled medical lawyers have authored publications on medical negligence and we have tried many cases to verdict before juries.
Working in this area of law requires a keen understanding of medical issues and working with experts in the field of medicine to understand the nuances and analyze the outcomes. Our proficient medical malpractice attorneys have worked with medical experts of all kinds in researching medical and healthcare negligence with exceptional results.
We pride ourselves on providing the highest degree of professional service and we are proud of the record we have established in helping people who have unfortunately been the victims of medical malpractice. We view it as a privilege to be selected to represent a client and we take that role very seriously because we know we are their voice and it is our responsibility to tell that client’s story. And we will do everything in our power to achieve a remedy that is as fair as possible. If you have suffered serious injury as the result of medical care, the Chicago, IL experienced medical malpractice lawyers of Taxman, Pollock, Murray & Bekkerman, LLC, can help you make informed decisions about your legal rights.
We pride ourselves on the fact that as our client, a team of legal professionals, medical experts and investigators who are dedicated to your cause will back you.