Illinois Medical Negligence and Malpractice Attorney
Medical negligence is often confused with medical malpractice, but there is a big difference between the two. Medical negligence occurs when a doctor or other medical professional fails to provide adequate care and treatment to a patient, resulting in injury or death. On the other hand, medical malpractice occurs when a doctor or other medical professional intentionally harms a patient or commits an act of gross negligence that results in serious injury or death.
If you or a loved one has been the victim of medical negligence or malpractice, it is important to seek legal help as soon as possible. A Hess Injury Law medical malpractice attorney can help you understand your rights and options and will fight to get you the compensation you deserve.
Forms of Medical Negligence
There are many different forms of medical negligence, but some of the most common include:
- Misdiagnosis or delayed diagnosis: This can happen when a doctor completely misses the diagnosis of a serious condition or delays diagnosis, resulting in serious harm or death.
- Birth injuries: These can occur when a doctor or other medical professional fails to properly monitor the mother and baby during labor and delivery, resulting in serious injury to the baby.
- Medication errors: This can happen when a doctor prescribes the wrong medication or dosage, resulting in serious side effects or death.
- Surgical errors: This can happen when a surgeon makes a mistake during surgery, resulting in serious injury or death.
Common forms of Medical Malpractice in Illinois
While medical negligence can cause serious harm, medical malpractice is often much more intentional.
Some common forms of medical malpractice in Illinois include:
- Sexual abuse by a doctor or other medical professional: When a doctor or other medical professional engages in sexual contact with a patient without their consent.
- Unnecessary surgery: This can happen when a doctor performs surgery that is not medically necessary, resulting in serious harm or death.
- Cosmetic surgery errors: Results when a doctor or other medical professional performing cosmetic surgery makes a mistake, resulting in serious disfigurement or death.
Do You Need a Medical Malpractice Attorney?
If you or a loved one has been the victim of medical negligence or malpractice, it is important to seek legal help as soon as possible.
A Hess Injury Law medical malpractice attorney can help you:
- Understand your rights
- Gather evidence to support your claim
- File a medical malpractice lawsuit
A Hess Injury Law medical malpractice attorney will fight to get you the compensation you need to cover your medical expenses, lost wages, and pain and suffering.
Proving Negligence in a Medical Malpractice Claim
To win a medical malpractice claim, you will need to prove that the doctor or other medical professional acted negligently.
This means that you will need to show that:
- The doctor or other medical professional owed you a duty of care
- The doctor or other medical professional breached their duty of care
- You were injured as a result of the breach
- The doctor or other medical professional’s negligence was the cause of your injury
If you can prove all of these elements, you may be able to recover compensation for your injuries.
Compensation in a Medical Malpractice Claim
If you are successful in your medical malpractice claim, you may be able to recover a variety of damages, including:
- Medical expenses: To cater for any past and future medical expenses related to your injuries, such as hospital bills, surgery costs, and rehabilitation costs.
- Lost wages: If you have been unable to work because of your injuries, you may be able to recover lost wages.
- Pain and suffering: You may be able to recover damages for the physical and emotional pain and suffering you have endured because of your injuries.
- Emotional distress: You may be able to recover damages for the mental anguish and emotional distress you have suffered because of your injuries.
- Scarring and disfigurement: If you have suffered physical scarring or disfigurement because of your injuries, you may be able to recover compensation for these damages.
At times, the amount of damages you are awarded in a medical malpractice claim may be capped by state law. An experienced Hess Injury Law medical malpractice attorney will be able to advise you on the amount of damages you may be entitled to in your specific case.
Wrongful Death in a Medical Malpractice Claim
When a patient dies as a result of medical negligence, the surviving family members may have grounds for a wrongful death claim. In order to succeed in such a claim, the family must prove that the death was caused by the doctor’s negligence and that they have suffered financial damages as a result.
While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death claim can help survivors to cope with the financial burden of medical bills, funeral costs, and lost income. This is especially important if the deceased was the primary breadwinner in the family.
A Hess Injury Law medical malpractice attorney can help you understand your rights and options and will fight for the compensation you deserve.
Punitive Damages in a Medical Malpractice Claim
Sometimes, the court may award punitive damages in a medical malpractice claim. Punitive damages are designed to punish the negligent party and deter future negligence.
To be awarded punitive damages, the plaintiff must prove that the defendant’s negligence was egregious. For example, if the defendant acted with malice or recklessness, the plaintiff may be entitled to punitive damages.
An experienced Hess Injury Law medical malpractice attorney will be able to advise you on whether you may be entitled to punitive damages in your specific case.
Common Pitfalls in Medical Malpractice Claims
There are a few common pitfalls that can trip up medical malpractice claimants:
- Taking too long to file a claim: In Illinois, claimants have two years from the date of the negligent act to file a medical malpractice lawsuit. You may be barred from filing a claim if you wait too long.
- Not having enough evidence: To succeed in a medical malpractice claim, you will need strong evidence to back up your allegations of negligence. This may include medical records, expert testimony, and eyewitness accounts.
- Not understanding the value of your claim: Many people underestimate the value of their medical malpractice claim, only to be disappointed when they receive a much smaller settlement than they had hoped for. An experienced Hess Injury Law attorney will be able to accurately assess the value of your claim and fight for the compensation you deserve.
- Settling too early: Once you have settled your medical malpractice claim, you may not be able to seek additional compensation, even if your injuries turn out to be more serious than initially thought. It is important to consult with an experienced attorney before settling your claim to make sure you are getting fair compensation for your injuries.
- Trying to go it alone: Medical malpractice claims can be complex and challenging. An experienced Hess Injury Law medical malpractice attorney will be able to guide you through the process and fight for the compensation you deserve.
- Accepting the first settlement offer: Insurance companies will often try to lowball claimants with their first settlement offer.
- Not being prepared for trial: If your case goes to trial, you will need to be prepared to present your case in court. An experienced Hess Injury Law medical malpractice attorney will be able to help you prepare for trial and give you the best chance of success.
- Hiring the wrong attorney: Not all attorneys are created equal. When it comes to something as important as your medical malpractice claim, you want to make sure you have an experienced and knowledgeable attorney on your side. At Hess Injury Law, we have extensive experience handling medical malpractice claims and will fight for a fair compensation.
Hess Injury Law - The Experienced Medical Malpractice Attorneys You Need on Your Side
You’re not alone if you’ve been injured by a negligent doctor or healthcare provider. At Hess Injury Law, we understand the physical, emotional, and financial toll that medical malpractice can take on victims and their families. We are here to help you fight for the compensation you deserve.
Our knowledgeable and experienced medical malpractice attorneys will thoroughly investigate your claim, gather evidence, and build a strong case to get you the compensation you need and deserve. We will also ensure you are kept up-to-date on the status of your case and answer any questions you may have along the way.
Frequently Asked Questions about Medical Negligence and Malpractice in Illinois
In Illinois, the statute of limitations for medical malpractice claims is two years from the date of the negligent act. If you wait too long to file a claim, you may be barred from doing so altogether.
The standard of care is the level of care that a reasonable and prudent healthcare provider would have provided under the same or similar circumstances. If a healthcare provider fails to meet the applicable standard of care, they may be held liable for any resulting injuries.
If you or a loved one has been injured by a negligent healthcare provider, you may have a medical malpractice case. To find out for sure, you should speak with an experienced Hess Injury Law medical malpractice attorney. We will review the facts of your case and advise you of your legal options.
There are many different types of medical malpractice, but some of the most common include:
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Surgical errors
- Medication errors
- Anesthesia errors
- Emergency room errors
These are just some of the most common types of medical malpractice. If you have been injured by a negligent healthcare provider, you should speak with an experienced Hess Injury Law medical malpractice attorney to find out if you have a case.
Most medical malpractice cases settle out of court. However, in some cases, a trial may be necessary to get you the compensation you deserve. An experienced Hess Injury Law medical malpractice attorney will be able to advise you of your legal options and help you make the best decision for your case.
While you are not required to have an attorney for your medical malpractice case, it is highly recommended. The complex nature of medical malpractice cases makes them difficult to navigate without the help of an experienced legal professional. At Hess Injury Law, we have extensive experience handling medical malpractice cases and will fight to get you the compensation you deserve.
Yes. Medical providers can be held liable for medical malpractice if they fail to meet the applicable standard of care. If you are a medical provider, it is important to consult with an experienced Hess Injury Law medical malpractice attorney to find out what you can do to protect yourself from liability.