Doctors swear an oath to help and protect their patients. We put our faith in them, whether receiving medication or going under the knife. While most doctors provide effective treatments, it isn’t always the case. According to Market Watch, more than 250,000 Americans die because of a medical error each year.
If you or a loved one is a victim of medical malpractice, contact Wilson Law Office. Our team has decades of collective experience assisting people in Illinois who suffer medical negligence. Let our medical malpractice lawyers fight on your behalf for the compensation and closure you need.
What Is a Medical Malpractice Lawsuit?
A medical malpractice lawsuit involves bringing a claim against a medical professional for negligently or intentionally injuring a patient. These cases require the healthcare professional to violate a specified standard of care. The violation must cause significant harm, which can include economic and non-economic damages.
Not all negative medical outcomes necessitate a lawsuit. A doctor or surgeon can follow best practices and not deliver the desired results. It’s only when they act negligently that you might file for malpractice.
Examples of medical malpractice include:
- Misinterpreting laboratory results
- Unnecessary surgery
- Improper medicine
- Premature discharge
- Poor follow-up care
- Anesthesia errors
What Are Common Injuries from Medical Malpractice?
Medical malpractice injuries come in all shapes and sizes. Improper medication may cause you to develop a heart palpitation. More severe cases, such as emergency room errors, can have fatal consequences.
According to Medical News Today, one in 20 Americans receives a medical misdiagnosis each year. These 12 million individuals suffer from a range of symptoms and illnesses. Some cases involve victims spending prolonged periods in the hospital to receive more medical treatment.
The most common injuries come from childbirth. The American Medical Association says that medical malpractice attorneys file 20% of their lawsuits against OBGYNs—more than any other type of healthcare professional. Negligent child birthing can cause potentially deadly complications for b mother and child, such as spinal cord fractures and postpartum hemorrhages.
How Do I Prove Damages?
Our medical malpractice attorneys must prove four things to earn a successful verdict, starting with a duty of care. We need to demonstrate that there was an existing doctor-patient relationship. For instance, you can’t sue a doctor because you got bad advice at a potluck dinner.
The second element we must prove is negligence. The inattentive care led to an injury that would not have happened if the providing party had been a competent and careful professional. The medical practitioner in question must have showed a lack of skill and consideration that deviated from appropriate standards.
Our medical malpractice attorneys then connect negligence to your injuries. That means establishing a link between the doctor’s actions and the outcome. This step is tricky because most patients see doctors when they’re already sick or hurt, so it’s challenging to show cause and effect unambiguously.
Finally, we show that the injuries caused economic and non-economic harm. This can include physical pain, anguish, excessive medical bills, and an inability to work. You can only sue for medical malpractice if you experience harm. These injuries can also be intangible, such as emotional trauma or post-traumatic stress disorder.
What Is the Statute of Limitations in Illinois for Medical Malpractice Lawsuits?
The statute of limitations in Illinois begins the moment that the medical error happens. In Illinois, you have two years to file a claim in court. The date may vary depending on when you learned about the error or whether doctors tried to cover up the act.
There are some exceptions to the two-year rule. If someone suffers from medical malpractice as a minor, they have two options. They can file a lawsuit within eight years of the incident or wait until they are 22. However, if the claim involves a wrongful death, the statute of limitations reverts to two years.
How Long Do Medical Malpractice Lawsuits Take?
The length of a medical malpractice lawsuit depends on the case. Some suits are straightforward examples of negligence, while others may have multiple defendants or plaintiffs. As a rule of thumb, you can expect the lawsuit to last one to three years.
One way to speed up the process is to negotiate a settlement. An out-of-court settlement may make sense if you have a strong case with indisputable evidence. It can also save time and money on legal fees. Make sure you have a Wilson Law Office attorney present to ensure you get favorable terms from the settlement.
Contact Wilson Law Office Today
Contact Wilson Law Office to get the representation you need. You can call us at (815) 408-6330 or email us at [email protected] to schedule a consultation. Our medical malpractice attorneys look forward to sitting down with you and learning more about your case.
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