Medical malpractice lawsuits stem from the negligent treatment of a patient by a doctor, hospital, or other medical provider. Patients who undergo treatment at a medical facility do not expect to become sicker or develop new conditions. In some cases, medical conditions may be misdiagnosed or not diagnosed at all. The Chicago medical malpractice attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca can help you pursue a claim for full and fair compensation for any injuries that resulted from the medical negligence of an individual or entity. A successful medical malpractice claim requires professional knowledge and legal representation capable of demonstrating that the defendant failed to meet the appropriate standard of care. For over 50 years, our personal injury attorneys have advanced the rights of victims in many areas of Illinois.Assert Your Legal Rights as a Victim of Medical Malpractice
Illinois law provides that patients who receive medical care below the applicable standard of care and endure injuries as a result are entitled to bring a medical malpractice claim against the responsible party. In this type of personal injury lawsuit, the physician, hospital, or medical professional is the defendant, and the victim is the plaintiff. Generally, there must have been a patient-doctor relationship between the plaintiff and the defendant for the defendant to owe the patient a duty of care.
Patients who enter a hospital are entitled to receive medical treatment according to established standards of practice. Unfortunately, thousands of patients suffer injuries or fatalities annually, due to the negligence of doctors or other medical professionals. Medical negligence may take place during any stage of the treatment process, which includes diagnoses, surgery, and the administration of certain procedures. Examples of malpractice may include a failure to diagnose serious medical conditions, an emergency room error, a birth injury, a denial of health care, a surgical error, or a failure to properly treat a post-operative infection.
To establish liability in a medical malpractice claim, a victim must show that the defendant failed to meet the standard of care for their medical community and that this failure directly led to their injuries. All physicians, nurses, and hospitals are required to meet a standard of care specific to their specialty when they are treating patients. A variety of factors must be considered when assessing a standard of care, including the patient’s age, health status before treatment, and specific condition.
For example, obstetricians, nurses, and midwives must abide by certain protocols and practices when determining when and how to intervene during a troubled pregnancy. These standards strive to ensure the safety of both the mother and the child. If a mother or child is injured during a delivery, the medical provider may be found legally responsible if they failed to meet the minimum standard of care.
Medical malpractice victims usually present expert testimony on the standard of care applicable to their situation. Medical experts may be able to explain how the standard of care was breached. For claims involving allegations of gross negligence, however, expert testimony may not be required.
Injuries caused by medical malpractice may lead to dire, lifelong consequences. Compensation for victims may include monetary awards for medical costs and lost wages from missed work. Victims also may present documentation of anticipated future care costs and, in some cases, modifications that must be made to their home. Non-economic damages that may be recovered in a medical malpractice claim include the victim’s pain and suffering and emotional distress.Discuss Your Situation with a Medical Malpractice Attorney in the Chicago Area
Insurance carriers representing medical professionals often try to deny or minimize legitimate claims. In order to seek the compensation that you deserve following the negligence of a medical professional, consult the experienced Chicago medical malpractice lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We can aggressively advocate on behalf of your rights, and we have secured compensation for injured individuals and their families throughout the state, including people in Champaign, Springfield, Aurora, and Quincy, as well as other areas of Kane, Cook, Sangamon, Winnebago, Champaign, and Adams Counties. Call us at (800) 444-1525 or use our online form to set up a free appointment with a personal injury or wrongful death attorney.