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Are Medical Errors the Same as Medical Malpractice?


6310985_s-300x200 (1).jpg Photo Credit: 123RF Stock Photo[/caption] Preventable medical error is the third leading cause of death, according to the Journal of the American Medical Association (JAMA), just behind heart disease and cancer. In 2010, the Office of Inspector General for Health and Human Services said medical negligence contributed to the deaths of 180,000 patients in Medicare alone in a given year. But the latest numbers indicate between 210,000 and 440,000 patients die each year due to some type of preventable harm. A preventable medical error does not always amount to medical malpractice (although in many cases it does). Rather, in to pursue a medical malpractice claim, the plaintiff must show the following: (1) the defendant had a duty to provide the appropriate medical care; (2) the defendant failed to provide the appropriate medical care; and (3) the defendant's deviation from the appropriate standard of care caused the plaintiff to sustain injuries or damages.

Financial Recovery for Medical Errors that Amount to Medical Malpractice

If a medical error amounts to medical malpractice and the plaintiff is able to prove such in a court of law, he or she may be able to recover money damages in a medical malpractice lawsuit for the following:

  • Past and future medical expenses
  • Lost wages
  • Loss of future income
  • Household services
  • Pain and suffering
  • Loss of enjoyment of life
  • Permanent disability
  • Disfigurement

Contact a Medical Malpractice Lawyer

If you or a loved one were the victim of a medical error and you think that you have a medical malpractice lawsuit, it is important that you contact a medical malpractice lawyer as soon as possible. There are time limits on when you can file a claim; not only can a delay in filing a claim prevent you from filing a claim, but it can also result in the loss of valuable evidence and medical information. In Illinois, a medical malpractice lawsuit without death must be filed within two years of the date of that the patient became aware of, or should have become aware of, the medical negligence. If the patient dies, however, the wrongful death medical malpractice lawsuit must be filed within two years of the date of the patient's death. The Chicago medical malpractice law firm at Steinberg, Goodman & Kalish is committed to helping the victims of medical malpractice obtain maximum financial recovery.  If you have been the victim of medical negligence, contact the Chicago medical malpractice lawyers at Steinberg, Goodman & Kalish to schedule a free consultation to learn more about what your case might be worth.   Additional Information:

  Steinberg Goodman & Kalish  (www.sgklawyers.com) is dedicated to protecting victims and their families.  We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
 

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