Chicago Medical Malpractice Attorneys
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 health care providers have a responsibility to provide adequate and appropriate treatment. When a health care provider fails to provide the appropriate treatment, and the patient suffers injury as a result, the health care 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 health care 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 reasonably careful health care provider would have taken under similar circumstances.
Medical malpractice and hospital negligence covers a wide range of claims, including, but not limited to:
- Nursing home abuse and neglect
- Birth injury
- Cerebral palsy
- Failure to diagnose or misdiagnosis of a disease
- Complications during surgery or with anesthesia
- Bowel perforations during surgery
- Failing to properly treat a condition or disease
- Prescribing the wrong medication
Failure To Diagnose
A health care 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.
A physician’s failure to diagnose cancer, heart attacks and other illnesses can mean the difference between recovering and dying. When doctors respond to patients’ concerns and order follow-up tests, they may be able to make a proper diagnosis and treat them before it is too late. The longer a medical condition goes undetected and untreated, the more advanced it becomes.
Failing to Diagnose Heart Attacks
It happens more often than we would like to believe: a person goes to an emergency room or doctor’s office complaining of chest pains, shortness of breath, stomach pain or other symptoms that may signal an impending heart attack. The doctor attributes the symptoms to another cause, such as muscle pain or indigestion, and sends the patient home. Later, the patient suffers a devastating heart attack.
At the law firm of Steinberg Goodman & Kalish in Chicago, we represent patients and their families in cases where doctors failed to diagnose an impending heart attack despite observable symptoms. Our attorneys have obtained multimillion-dollar settlements and verdicts for individuals and families in medical malpractice cases.
Failure To Diagnose Cancer
Due to improvements in cancer treatment, early diagnosis can now lead to successful treatment of many types of cancer. Unfortunately, if the cancer is not diagnosed until it reaches a late stage, the prognosis is not as positive.
In some cases, there is nothing your doctor could have done to diagnose your cancer at an earlier stage. However, if your doctor failed to diagnose your cancer despite observable symptoms, did not order appropriate tests, or failed to follow up on lab test results, you may have a case of medical malpractice against your provider.
While not all forms of cancer may be curable even if discovered at an early stage, some cancers are highly curable if they are diagnosed and treated early enough, including:
- Breast cancer
- Skin cancer or melanoma
- Colorectal cancer
Our lawyers offer a free initial consultation to evaluate your case and determine if your medical providers did everything they should have done to give you a chance to win your fight against cancer.
Proof To Prevail In A Medical Malpractice Claim
In general, medical malpractice victims must prove four things:
- The health care provider was not reasonably careful
- The patient suffered an injury
- The patient’s injury was caused by the health care professional’s failure to be reasonably careful
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 health care provider deviated from the standard of care, you could need to have a doctor testify as an expert witness. This can be difficult, because many health care 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 health care 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 risks, and obtain the patient’s consent to the procedure. 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 ordinarily be filed within two years of the date the procedure causing the injury occurred. Although, there may be some limited exceptions to the two-year statute of limitations. If you suspect that you or a loved one is a victim, contact our Chicago medical malpractice attorneys immediately to schedule a consultation.