Chicago Failure to Monitor Patient Malpractice Lawyer
Have you suffered injuries through your doctor’s failure to monitor your condition? Call at (888) 424-5757 to schedule a free consultation. The personal injury attorneys at Rosenfeld Injury Lawyers, LLC, can help.
Discuss your compensation claim with our Chicago, IL trial lawyers who will protect your rights and obtain the compensation you are entitled to receive.
Quality care involves more than just accurate diagnosis, effective treatments, or performing surgery. It also requires continuous monitoring to follow up on the patient’s well-being before, during, and after their treatment.
Many medical conditions can deteriorate quickly between doctor visits, medical procedures, surgeries, and surgical recovery. Any medical professional failing to notice the patient’s deteriorating health could result in severe harm or death.
Failure to Diagnose
Hospitals, medical centers, doctors, and other medical professionals have a moral responsibility to monitor every patient’s health to ensure their well-being. Severe injuries and wrongful death can occur whenever a doctor’s treatments fall below the established standards of care.
Any failure to diagnose, delayed diagnosis, or misdiagnosing the medical condition could lead to medical malpractice. Doctors are responsible for diagnosing, monitoring, and treating their patients’ medical conditions while under their care.
In some cases, the physician will fail to communicate with the patient to discuss available treatments to stabilize their condition, improve their health, or manage long-term concerns.
However, it would be medical malpractice if the doctor’s failure to diagnose and treat the patient was due to the individual’s inappropriate insurance or lack of insurance.
Another doctor might fail to perform all necessary diagnostic tests to determine the patient’s health and medical concerns accurately. Medical malpractice might involve a doctor failing to diagnose the patient’s cardiac arrest in the emergency room.
Medical professionals must take a patient’s history to correctly diagnose medical problems before conducting a comprehensive physical examination. Often, the doctor will use differential diagnosis to help decide what is going on based on a set of known symptoms.
The doctor may use the information to identify possible diseases, rule out others, and recommend different tests, imaging, and biopsies that might confirm the diagnosis. Even with the best diagnostic tools, some doctors will misdiagnose their patient’s health concerns.
Receiving Substandard Care
A medical malpractice lawsuit might include a failure to provide optimal care when the doctor takes a “wait and see” approach that worsens the condition. A failure to monitor common symptoms like an elevated heart rate might hide an impending cardiac arrest.
In some cases, the health provider fails to monitor a pregnant mother during labor and delivery to identify fetal distress, requiring immediate intervention like a C-section. Failing to monitor the fetus could lead to a congenital disability, like cerebral palsy, that could have been prevented had the health care professional followed the established protocol.
Any health issue left untreated has the potential of worsening over time. Nearly any form of cancer detected and treated during the early stage could prevent its worsening from a Stage I to life-threatening Stage IV, could claim the patient’s life.
Typically, any delayed treatments caused by a failure to monitor the patient’s health could lead to irreparable harm resulting in severe injuries or death. The doctor, nurse, and medical provider must ensure the patient receives the best care in the doctor's office, hospital, outpatient facility, and emergency room.
Monitoring a Patient’s Health
Doctors are required to monitor the patient’s health and well-being by following specific established steps that include:
- Communicate with the patient to understand their concerns, pain levels, and discomfort,
- Keep track of their medical condition to identify any changes or improvements
- Observe the patient by detecting any signs of pain, discomfort, distress, or decline
- Respond to any changes in the patient’s health through diagnosis or treatments
- Maintain records of the patient’s vital indicators, including body temperature, heart rate, oxygen levels, and pulse
- Monitor the patient at every level of care, including before, during, and after a procedure, especially invasive treatments like surgery
- Discuss test results with their patient to keep them informed of an improvement or decline in their health
Personal injury attorneys filing medical malpractice claims build cases on a reasonable medical standard of care compared to the medical team’s failures. The team could include all hospital or medical center staff members, including doctors, nurses, physicians, and administration.
Medical Malpractice Claim
Our Chicago medical malpractice attorneys handle many cases involving doctor mistakes, failure to monitor, and avoidable death. Many of these errors occur in dialysis centers, nursing homes, hospitals, and doctor’s offices.
Many of our medical malpractice claims are based on substandard care or failure to monitor patients at different critical times, including:
- During labor and delivery – OB/GYN doctors and other hospital staff members are required to monitor the birthing mother and fetus throughout the delivery process, including labor, delivery, and aftercare
- While Administering Anesthesia – An anesthetist uses various dangerous medications as anesthesia during surgery. The doctor must continuously monitor the patient’s vital signs before, during, and after surgery to identify any health issues or adverse reactions
- During a surgical procedure – Patients must be monitored when undergoing invasive treatments, like surgery, by monitoring their oxygen levels, pulse, blood temperature, and heart rate
- After a surgical procedure – The hospital staff members are responsible for monitoring patients to identify severe complications, including post-surgical infection
- During medical treatment – Doctors and hospital staff members providing medical treatment must monitor the patient to ensure there are no adverse side effects and that the procedure is done correctly
- While prescribing antipsychotic medication – Any prescribing doctor given an antipsychotic medication to a patient must monitor their health to prevent overdosing or unexpected negative behavior
Some common types of monitoring errors occur from a failure to diagnose and treat the patient’s post-surgical complications, postoperative infections, and dialysis treatment complications. Others involve nursing home patients developing preventable life-threatening pressure wounds (bedsores, pressure sores, pressure ulcers, decubitus ulcers).
Failure to Monitor Injuries FAQ
Our Chicago medical malpractice lawyers know you need answers to crucial questions involving your doctor’s mistakes in the care they did or did not provide.
Contact us today at (888) 424-5757 for answers to any questions you have concerning a failure to monitor, caregiver mistake, or preventable death of a loved one. Our Chicago trial lawyers can provide immediate legal advice on how to move your case forward.
Can I sue for Failure to Diagnose?
Many of our lawyers' medical malpractice cases are built on misdiagnosis where the healthcare professional is legally and financially liable for their medical negligence that contributed to your harm. Your medical malpractice case might involve defendants, including lab technicians, doctors, nurses, the hospital, or any specialist involved in your injuries.
As the plaintiff, you will be required to prove your case by showing the medical provider had a duty to provide your care but breached that duty. You will need to show that the breach resulted in harm to you.
Surviving family members who lost a loved one through a failure to diagnose can also seek financial compensation by filing a wrongful death lawsuit.
What are the 4 Ds of Malpractice?
According to Illinois law, the four Ds of negligence includes duty, deviation, direct cause, and damages. All civil lawsuits, presented in front of a judge and jury, must prove their case based on a preponderance of the evidence.
The injured patient may prove all four components, including:
- Duty – Any medical professional providing services and care to an individual must establish a medical care provider and patient relationship.
- Deviation – The plaintiff, or their lawyers, must show a deviation in the doctor’s professional duty of care compared to established professional standards, like misdiagnosing, misinterpreting lab reports, performing unnecessary surgeries, or prescribing unnecessary medication
- Direct cause – Next, the victim of medical negligence must prove that the medical care provider deviated, which led to negligence, which was the direct cause of their injuries
- Damages – The plaintiff, or their lawyers, proving the first three Ds likely entitles them to receive financial compensation through a jury trial award or negotiated settlement to pay for all damages, including current and future medical treatment, hospital expenses, medical bills, doctors visits, physical therapy, lost earnings, pain, and suffering.
The plaintiff, or their Illinois personal injury lawyer, might prove the doctor's failure to order tests, obtain an accurate diagnosis, provide effective treatments, perform unnecessary medications, or prescribe the wrong medication.
Our Chicago, Illinois attorneys can help you resolve a medical malpractice claim or lawsuit during a jury trial or through a negotiated out-of-court settlement. Contact our law offices now at (888) 424-5757 to schedule a free consultation.
Do Doctors go to Jail For Medical Malpractice?
In Illinois, medical malpractice is not a crime, but a legal term used in civil litigation when a doctor’s error or mistake results in injuries or death. If the plaintiff, law enforcement, or District Attorney’s Office can determine the doctor intentionally harmed the patient, they could be held criminally liable.
Instead, the injured victim or surviving family members can file a medical malpractice lawsuit seeking financial compensation to restore their damages that might include hospital bills, lost wages, funeral or burial expenses, pain, suffering, grief, and emotional anxiety.
How Hard is It to sue a Doctor for Malpractice?
Any injured victim or surviving family member seeking financial compensation through a medical malpractice case must prove their medical malpractice claim. The plaintiff, or their medical malpractice lawyer, must show that the doctor was negligent in diagnosing or treating the patient’s medical condition.
Proving the case means showing how the doctor was negligent compared to a competent physician providing care under similar circumstances.
What is the Most Common Reason for Malpractice?
Statistics show that a failure to diagnose, delayed diagnosis, or misdiagnosis ranks number one in all medical malpractice claims for patients injured or killed in outpatient settings.
Typically, the patient’s medical condition could have improved or better managed had the medical team followed the established procedures and protocols, providing every opportunity to identify (diagnose), treat, and provide aftercare to prevent morbidity (unhealthy state) and mortality (death).
Hiring a Chicago Medical Malpractice Lawyer to Resolve your Failure to Monitor Lawsuit
Have you or a family member suffered injuries during your doctor’s failure to monitor your condition? Contact our Illinois medical malpractice attorneys to schedule a free consultation to discuss your situation.
Our Illinois personal injury attorneys at Rosenfeld Injury Lawyers LLC can provide advice and counsel to file and resolve a medical malpractice claim for maximum compensation.
Our medical negligence team accepts all personal injury cases through contingency fee agreements. This arrangement ensures you are not charged a legal fee until we obtain compensation in your case.
Did the negligence of another take the life of your loved one? You can file a wrongful death lawsuit to pay for your monetary damages, lost earnings, grief, pain, and suffering.
All information you and your loved ones share with our malpractice attorneys remains confidential through an attorney-client relationship. Our Chicago medical malpractice lawyer currently follows CDC (Centers for Disease Control and Prevention) Covid-19 guidelines on social distancing to maintain everyone’s well-being.
Our practice areas include automobile crashes, workplace accidents, premises liability, medical malpractice, nursing home abuse, product liability, and wrongful death. Our law office currently represents injured clients throughout Illinois in Cook County, Dupage County, Lake County, Peoria County, Sangamon County, Will County, Winnebago County, Aurora, Chicago, Joliet, Schaumburg, and Waukegan.