Medical malpractice and medical negligence can have devastating consequences for the victim and his or her family. In many cases of medical negligence, the victim is unable to work and is faced with the mounting cost of medical bills. The negligence and medical malpractice attorneys at our Chicago firm, Steinberg, Goodman & Kalish, help victims receive the compensation they need to focus on recovery. Contact us today for an evaluation of your case.
All healthcare providers have a responsibility to provide adequate and appropriate treatment. When a healthcare provider fails to provide the appropriate treatment, and the patient suffers injury as a result, the healthcare provider may be held liable for medical negligence. Our Chicago medical malpractice lawyers have many years of experience representing victims, and they are committed to helping victims receive just compensation for their injuries.
What is medical malpractice?
Medical malpractice, or medical negligence, is a branch of personal injury law that describes a situation where a patient suffers an injury because his or her healthcare provider did not follow the accepted standard of care. In medical negligence cases, the standard of care is defined as the actions or measures that a reasonable healthcare provider would have taken under similar circumstances.
Medical malpractice covers a wide range of claims, including, but not limited to, nursing home abuse and neglect, birth injury, such as cerebral palsy, failure to diagnose or misdiagnosis of a disease, complications during surgery or with anesthesia, failing to properly treat a condition or disease, and prescribing the wrong medication.
A healthcare provider can commit medical negligence by failing to do something that should have been done, such as ordering the appropriate tests, or by doing something that should not have been done, such as performing an unnecessary medical procedure.
If you believe that you have been the victim of medical negligence or malpractice, contact our attorneys in Chicago today to schedule a consultation.
What do I need to prove in order to receive compensation for my medical malpractice claim?
In general, medical malpractice victims must prove four things:
- The healthcare provider had a responsibility to the patient to provide the appropriate treatment
- The healthcare provider did not provide the appropriate treatment
- The patient suffered an injury
- The patient's injury was caused by the healthcare professional's failure to provide the appropriate treatment
Medical negligence cases can be difficult to prove, so it is important to have experienced legal representation that can help you gather and sort through the evidence of your case. In order to prove that the healthcare provider deviated from the standard of care, you may need to have a doctor to testify as an expert witness. This can be difficult, because many healthcare professionals are unwilling to testify against their peers in medical malpractice cases. It is also important to obtain your medical records, which will help you prove that the healthcare provider's negligence caused your injuries.
Our Chicago medical malpractice attorneys can help you take the appropriate steps toward proving your case. If you have been injured by medical negligence in and around the Chicago area, contact Steinberg, Goodman & Kalish today.
Below are some frequently asked questions and answers provided by our medical malpractice (medical negligence) attorneys. The Chicago law firm of Steinberg, Goodman & Kalish is prepared to take your case; contact us today and we will be happy to answer your questions and concerns.
Q: How common is medical malpractice?
A: According to the Institute of Medicine (IOM) report "To Err Is Human: Building a Safer Health System," experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That means more people die as a result of medical errors than from car accidents, breast cancer, or AIDS!
Q: Can I file a medical malpractice claim against someone other than a doctor?
A: A medical malpractice claim can be brought against any person or entity that provides care, including doctors, nurses, surgeons, technicians, dentists, physical therapists, optometrists, and hospitals.
Q: What is informed consent?
A: Any time a doctor is going to perform a medical procedure, he or she must first advise the patient of the procedure and the potential outcomes and obtain his or her consent. If a doctor fails to gain consent, he or she could be held legally liable for medical negligence. There are certain circumstances that do not require informed consent, such as emergency situations where the patient is unconscious and a family member cannot be reached.
Q: Is there a time limit for filing a medical malpractice claim?
A: Yes. In Illinois, a claim must be filed within two years from the date the plaintiff knew or reasonably should have known of the injury. If you suspect that you or a loved one is a victim, contact our Chicago medical malpractice attorneys immediately to schedule a consultation.