Chicago Medical Malpractice Lawyer
Medical errors are the third-leading cause of death in America, and a staggering 98,000 people die from preventable medical malpractice every year.
It's not just that these numbers are shocking – it's also that so many patients aren't aware of their legal rights as victims of malpractice until after they have suffered for years without answers or compensation.
The personal injury attorneys at Rosenfeld Injury Lawyers, LLC can help you get your life back on track with a free case review if you believe you or someone close to you has been injured by negligent medical care.
Our law firm will fight aggressively to ensure you receive fair compensation for any harm caused by negligence. Our Chicago medical malpractice attorneys work on a contingency fee basis, so there is no charge unless we win money for our clients.
Call our Chicago, IL law office today at (888) 424-5757 (toll-free phone number) or use the contact form today to schedule a free consultation with our attorneys to discuss compensation to pay medical bills, recoup lost wages, and be paid for pain and suffering.
Suspecting You or a Loved One is Suffering Due to Medical Malpractice in Chicago, Illinois?
You or a family member has placed your health and well-being in the hands of a medical professional to provide you with advice, prescriptions, routine physical examination, or possibly even a life-saving surgery.
You have followed the instructions from your doctor - but you feel that something has gone wrong.
Your Medical Doctor is Unlikely to Acknowledge Medical Negligence
Are you or a loved one the victim of medical malpractice due to a doctor or health care facility in Chicago, Illinois? If so, it can be difficult to know where to turn, and unlikely that a doctor or healthcare provider will come forward and acknowledge an error.
As a result, obtaining compensation for your medical suffering will require the services of a medical negligence law firm in Chicago to hold the healthcare providers’ employer accountable through vicarious liability (when a healthcare professional makes an error in treatment, the patient may be able to file a claim against the provider).
Errors Made by Medical Professionals that May Be Considered Medical Malpractice
Medical doctors are indeed human and make mistakes when treating patients. The difference is that when a physician or medical professional makes an error, the consequences are catastrophic, which is legally recognized as medical malpractice.
Examples of Illinois medical malpractice claims include:
- Surgical Mistakes: Examples can include a healthcare provider cutting an organ during a gallbladder operation or failing to perform a neurosurgery procedure correctly. Other indications of surgical error may include paralysis or death during a procedure.
- Birth Injuries: Errors made during the labor and delivery process can dramatically impact the child's quality of life and family. Examples of birth injuries can include cerebral palsy, oxygen deprivation brain injury, brachial plexus injuries, hip dislocation, or failure to treat newborn jaundice.
- Anesthesia Errors include anesthesia errors resulting in patient brain damage or death both during and following an operation.
- Hospital Errors: Mistakes may include serious personal injuries such as medication error, patient falls during admission, hospital-acquired infections such as sepsis. Hospital negligence would also entail errors in doctors, nurses, technicians, and other support staff.
- Diagnostics Errors occur when a doctor fails to read a diagnostic test such as an x-ray, MRI, or CT scan properly. This medical malpractice by a medical provider can also include failing to properly read mammograms and biopsy results.
- Outpatient Medical Procedures: As 'surgery centers' within the healthcare system become more common, errors are also made concerning care and proper treatment.
- Nursing Home Neglect: Pressure sores or broken bones due to falls. Nursing home staff may also fail to follow physicians' orders leading to serious complications or death.
- Pharmacy Errors: Dispensing the wrong medication or improper dose can lead to patients' injuries or death.
- Emergency Room Errors: Under-staffed or overworked emergency room staff may fail to diagnose critical conditions such as heart attacks, stroke, pulmonary embolism, deep vein thrombosis, or bowel obstruction.
- Birth Injuries: Failure to identify fetal distress leads to failure to deliver a child within the third trimester.
- Dental Malpractice may include dental negligence, such as a failure to diagnose or treat a tooth infection that leads to sepsis or leaving a foreign body in the gums or teeth after surgery.
- General Medical Malpractice: There are many medical malpractice claims, including gynecological, psychiatric, neurological, failure to obtain informed consent, etc. Each one of these areas may have its unique types of malpractice.
- Misdiagnosis: The misdiagnosis of deadly medical conditions, like cancer, heart disease, infectious diseases, lung cancer, and other serious illnesses can result in death or significant impairment.
- Negligent Treatment: Failure to diagnose or a delayed diagnosis can lead to severe consequences, including loss of limb, sepsis, brain damage (such as cerebral palsy), leading to serious injuries, or even death from medical malpractice.
These errors can lead to serious consequences for anyone who has suffered an injury from a negligent medical doctor.
Did you suffer an injury due to a physician's incompetence or failure to follow proper procedure? If so, you need the legal advice of an experienced medical malpractice attorney who is intimately familiar with medical malpractice laws in Illinois.
As one of our key law practice areas, we have extensive experience in injury cases similar to yours.
Concerning Statistics on Medical Malpractice
A Johns Hopkins University study revealed errors in care or medical and hospital malpractice are now the third leading cause of death in the United States, claiming the lives of an estimated 250,000 people.
Some leading researchers believe that errors are rarely disclosed in medical records, death certificates, or autopsies.
The prestigious Becker's Hospital Review reports that the following medical specialties tend to be sued the most frequently.
- OB-GYN and women's health - 85% of specialists surveyed have been sued
- Surgery - 83%
- Orthopedics - 79%
- Radiology - 72%
- Anesthesiology - 58%
- Internal medicine/family medicine - 46%
- Oncology - 34%
Don't Expect a Swift Resolution to Your Case
Malpractice claims are vigorously defended in Illinois. These cases are fought so hard because insurance companies for most doctors and hospitals know that their chances of winning (not paying out anything on a claim) are very much in their favor.
Many insurance companies use bad faith tactics to minimize compensation, especially in high payouts involving cerebral palsy, brain damage, or wrongful death.
According to a report issued by the Illinois Department of Insurance related to malpractice claims brought between 2012-2017, payments were made to just 20.4% of the people submitting a claim.
Median Malpractice Payouts
In Cook County, Illinois (Chicago), the average / median malpractice payouts were even higher than the national average. The average medical negligence claim got resolved for $571,941, and the median claim paid $500,000.
Given the significant exposure medical professionals faced with a seriously injured person (coupled with their almost 80% chance of being found 'not-guilty,') defendant-doctors in these cases are more likely to push their case to trial than other types of injury cases.
Consequently, medical malpractice victims need to be prepared that their case will be pending for the long haul
Illinois Law Applicable to Medical Malpractice Cases
You cannot simply walk into court and file a medical malpractice lawsuit against a physician or other medical care providers. The Illinois state legislature has set forth specific procedural requirements for injured victims of negligence to bring a case.
Negligence cases must be filed within two years from the date you knew or reasonably should have known about the malpractice. (See 735 ILCS section 5/13-212(a))
Affidavit of Merit
Secondly, the unique aspect of the law reveals that malpractice lawsuits must be accompanied by an 'affidavit of merit' (See 735 ILCS section 5/2-622).
The 'affidavit of merit' requirement means that a medical professional who has experience with the area of medicine that is the subject of the case must have reviewed the medical files for the plaintiff (injured party) and determined that there is a 'reasonable and meritorious case for bringing the medical malpractice lawsuit.
Failure to Comply
While a personal injury lawyer may request an extension of the time limit for getting an affidavit, the law states that cases may be dismissed for failure to comply with this procedural requirement.
Given that the review of medical records in most cases is very time-consuming, you must contact an experienced medical malpractice lawyer at (888) 424-5757 as soon as feasible so they can begin the evaluation process.
No More Caps on Damages
With the recent ruling by Illinois Supreme Court, it is now clear that there are no longer any caps on damages, including punitive damages related to malpractice in medical facilities.
This lack of limitation means every healthcare doctor could be held liable for more than just their mistakes if a patient becomes injured while under care and treatment at such an institution!
Do You Have a Medical Malpractice Case?
Rarely-- if ever-- does a doctor, hospital, medical staff, or nursing home admit that they made a medical error concerning patient care.
Consequently, you need to take the initiative to investigate a potential claim. Medical experts on our legal team are ready to help.
Tell Your Attorney What Happened
The best way to determine if you have a viable medical malpractice case is to discuss your situation with an experienced malpractice lawyer. After getting a timeline of events, your personal injury lawyer may request copies of the medical records from the healthcare facilities.
Our personal injury law firm also has medical experts on staff to evaluate potential medical malpractice cases based on what a reasonable physician would do facing the same medical problem in similar circumstances
Contact our legal team today at (888) 424-5757 for a free case review.
Our Chicago Medical Malpractice Lawyers Are Here to Give Yourself the Best Chance of Compensation
The Chicago medical injury attorneys at Rosenfeld Injury Lawyers LLC are committed to uncovering the truth and discovering the facts about healthcare errors.
We are available for a no-obligation, free consultation on your case to decide the most suitable way forward in your best interests.
Contingency Fee Basis
Our medical malpractice lawyers handle negligence cases on a contingency fee system, where we receive a legal fee only when we have recovered compensation for you.
Contact our law firm at (888) 424-5757 for a free case evaluation of potential medical malpractice lawsuits.
We Are Committed to Seeking Justice for Medical Malpractice in Chicago
With over $250 million in recoveries for clients' medical/hospital malpractice and personal injury cases in Illinois, our Chicago-based medical injury law firm has the experience to assist you with your legal issue.
Surviving family members can count on our personal injury law firm to guide you through the difficult process after an injury or death of a loved one at a medical facility.
A medical mistake can cost you thousands of dollars in additional medical care, resulting in long-term disability and pain or even the loss of a loved one
Doctors fail to provide the appropriate standard of care -- resulting in injury, wrongful death, or more-- our attorneys are here to ensure you receive fair compensation.
When you hire an experienced attorney, you get a deeply committed professional to holding physicians, health care facilities, and other medical professionals accountable when a patient suffers harm.
We Have Won Medical Malpractice Claims Like Yours
Below are some sample case results our medical malpractice lawyers have handled on behalf of our clients involving an injury to their loved one due to medical errors made by healthcare professionals.
- $9,000,000: Awarded to a middle-aged man who developed preventable injuries following a cardiothoracic surgery at a teaching medical center.
- $3,610,000: Surgical error involving post-thoracic procedure resulting in brain damage.
- $6,450,000: Birth injury settlement involving a child who developed medical complications after long labor involving several preventable medical errors.
- $875,000: A fair settlement involving an Illinois male victim of medical malpractice who developed pressure sores while hospitalized at a facility in Chicago, Illinois.
- $400,000: Settlement for a patient in a food allergy case against the medical center in Chicago, IL.
- $1,000,000: Brain injury and cranial fractures to a patient involving medical errors.
- $2,700,000: Hospital malpractice involving a man who fell from his bed and sustained a brain injury.
- $2,700,000: Hospital fall post orthopedic surgery, which required multiple revision procedures
- $2,000,000: Error made by pharmacy involving a mistake in dispensing medication.
Do you have questions concerning a medical malpractice claim in Chicagoland or elsewhere in the State of Illinois?
As our prior results show, we will work hard to obtain full and fair compensation once you obtain your informed consent. If so, we invite you to contact a medical malpractice attorney at (888) 424-5757 for a free consultation.
What to Expect After Deciding to Act with a Medical Malpractice Claim
When an Illinois medical malpractice claim is filed against a medical professional in Illinois courts, the case falls under medical/hospital negligence. In addition, it must follow specific guidelines set forth by the state legislature.
Rosenfeld Injury Lawyers, LLC regularly represents clients and families in these cases and is familiar with the procedural requirements to file these medical negligence cases.
Once you have engaged a medical malpractice attorney in our law firm and have decided to take action on your claim, your personal injury lawyer will be by your side through the entire process.
Understanding the Context of your Medical Malpractice Lawsuit
If you decide to pursue a lawsuit, it is helpful to understand the context of your case so that you can prepare yourself for what to expect. Our law offices have put together some useful information for you.
Medical Errors Are Often Fatal
A groundbreaking study conducted by Johns Hopkins University found that more than 250,000 people die each year in the United States due to errors made by hospitals and health care providers in an inpatient or outpatient setting. This statistic places medical mistakes as a leading cause of death.
Not All Cases Are Worthwhile To Pursue
Not all malpractice cases are worth a lot of money. For example, an error made by healthcare professionals which are caught quickly or results in minimal long-term consequences is likely not worthwhile to pursue from an economic perspective – the costs of litigation may equal or exceed a recovery based on the victim's past and ongoing medical expenses.
You Can Claim For Non-Economic Damages
When we accept a medical negligence claim, our legal team explores every aspect of damages compensable under the law of the State of Illinois. Illinois recognizes both 'economic' and 'non-economic' damages, including:
- Physical pain and suffering
- Loss of normal life
- Future medical bills
- Past medical bills
- Lost wages
- Funeral expenses (wrongful death)
- Loss of society (in a wrongful death case)
The Medical Malpractice Claim Process
Our law office will guide you through the litigation process and advise you as your medical malpractice case proceeds.
Once you have engaged with one of our experienced medical malpractice attorneys and have decided to act on your claim, your lawyer will be by your side through the entire process.
Although their services include negligence claims, filing and pursuing a claim is extremely complex and time-sensitive.
This process can vary but generally includes four main steps:
- Filing the lawsuit: Your lawyer will ensure you have the paperwork to file your lawsuit accurately and promptly.
- Discovery: This step involves gathering evidence for your case to support your malpractice claim. Your legal representative will do their best to position your case favorably.
- Settlement: To avoid trial and bad publicity, the negligent party may settle out of court. Your lawyer will advise you on what may be deemed a satisfactory settlement.
- Trial: If no settlement is reached, your case may go to trial to seek fair and just compensation available to you.
For many medical malpractice lawsuits, we draw upon some of the leading experts in life care planning, vocational counseling, and economics to help relay the extent of an injury to a judge or jury who may determine the outcome of a case.
Don't Delay, Get Your Case Reviewed by an Experienced Lawyer
Don't delay action if you want to seek compensation for medical or hospital malpractice. Instead, contact a Chicago, IL attorney (888) 424-5757 at our law firm; we have successfully guided many individuals and families through numerous medical malpractice cases in Chicago.
While we cannot assure you of a successful outcome or similar outcome to the ones stated here, our law offices are committed to taking the steps necessary to prosecute your medical malpractice case and hold your doctor accountable to the full extent of the lawsuit in Illinois.
Give your case the best chance - call our law firm today for a free case evaluation with a Chicago lawyer who will be by your side throughout your lawsuit. All confidential or sensitive information you share with our law offices remains private through an attorney-client relationship.
Our skilled medical malpractice attorneys follow Covid 19 protocols when meeting with clients. We also offer a free consultation via video call or telephone.
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