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 medical malpractice victims until after they have suffered harm or sustained life-threatening injuries without answers or compensation.
Contact us at Rosenfeld Injury Lawyers, LLC if you have been injured or a loved one was killed in a wrongful death by the medical negligence of medical professionals. Our lawyers will fight aggressively to ensure you receive fair compensation for any harm caused by medical negligence.
Call our Chicago, IL personal injury law firm today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case evaluation with a medical malpractice attorney. We can provide you with professional legal representation and discuss how to obtain compensation for medical costs, loss of income, pain, and suffering.
Do You Suspect You or A Loved One Have Suffered Due to Malpractice in Chicago, Illinois?
You or a family member have placed your health and well-being in the hands of a medical professional to provide you with advice, prescriptions, routine physical examination, or even a life-saving surgery.
You have followed the instructions from your doctor or medical professional, yet due to medical mistakes, something has gone wrong.
Your Medical Doctor Is Unlikely to Acknowledge Malpractice Or Negligence
Are you or a loved one victim of medical malpractice due to a negligent doctor or medical care facility in Cook County, Illinois? If so, it can be challenging to know where to turn, and unlikely that a doctor or healthcare provider will come forward and acknowledge their medical mistakes.
As a result, obtaining financial compensation for your malpractice damages will require the services of medical malpractice lawyers in Chicago to hold the healthcare providers' employer accountable through vicarious liability. Vicarious liability occurs when a healthcare professional makes mistakes when treating a patient.
Speak to an experienced medical malpractice attorney and allow them to file a malpractice claim for financial compensation against the medical providers.
Errors Made by Medical Professionals That May Be Considered Malpractice
Doctors, physician assistants, and other health care providers are human and can make mistakes when treating patients. The difference is that when a physician or medical professional commits a negligent act, the consequences are catastrophic and legally recognized as malpractice.
Illinois medical malpractice claims include -
- Surgical mistakes: A medical mistake can be 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 labor and delivery can dramatically impact the child's quality of life and family. Examples include cerebral palsy, oxygen deprivation brain injury, brachial plexus injuries, hip dislocation, or failure to treat newborn jaundice.
- Hospital errors: Mistakes may include severe personal injuries such as medication errors, patient falls during admission, and hospital-acquired infections such as sepsis. Hospital negligence also entails errors by health care providers, doctors, nurses, technicians, and other support staff.
- Diagnostics errors occur when a doctor fails to properly read a diagnostic test such as an x-ray, MRI, or CT scan. This medical malpractice by a medical provider can also include failing to properly read mammograms and biopsy results.
- 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. Emergency room mistakes can also involve surgical and anesthesia errors.
- Other birth injuries: Failure to identify fetal distress leads to failure to deliver a child before a birth injury occurs.
- Dental malpractice may include dental negligence, such as a failure to diagnose or treat patients with a tooth infection that leads to sepsis or leaving a foreign body in the gums or teeth after surgery.
- Misdiagnosis: The misdiagnosis of a serious medical condition, such as 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 severe injuries, or even death from medical malpractice.
- 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.
Medical negligence is the failure of a medical professional to use reasonable care or the equal amount of care a reasonable person would take under the same or similar circumstances.
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.
Medical malpractice is one of our crucial law practice areas, and we have extensive experience in medical negligence cases similar to yours, where malpractice victims have suffered harm.
Concerning Medical Malpractice Statistics
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 errors are rarely disclosed in medical records, death certificates, or autopsies.
Statistics of Medical Specialties Sued
The prestigious Becker's Hospital Review reports that the following medical specialties tend to be sued 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%
Good Case Settlements Take Time
Malpractice claims are vigorously defended in Illinois. These cases are fought so hard because insurance companies for most doctors and hospitals know 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 between 2015-2020, 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 was 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 serious injury cases.
Consequently, medical malpractice victims must be prepared that their cases will be pending and will take time.
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 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 an 'affidavit of merit must accompany malpractice lawsuits' (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 patients) and determined that there is a 'reasonable and meritorious case' for bringing the medical negligence lawsuit.
Failure to Comply
While an 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 a medical malpractice lawyer at (888) 424-5757 as soon as feasible so they can begin the evaluation process.
No More Caps on Medical Malpractice 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.
How Long Do You Have to File a Medical Malpractice Claim In Illinois?
The statute of limitations that apply to your malpractice lawsuit should be considered when pursuing legal action. The statute of limitations is the deadline for bringing legal action.
According to the law, you have two years from when you knew - or reasonably should have known - that your case involved negligence.
A particular regulation is in effect when a minor, or a patient under 18, is the victim of malpractice by a medical provider. The minor has eight years from the date of the act or omission, or until the age of 22, to file a claim.
The statute of limitations for claims involving the wrongful death of a loved one is two years after the death of the deceased.
A claim in Illinois requires extensive research and preparation. As a result, you should contact a malpractice legal professional immediately to ensure your claim is filed on time.
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 Chicago, IL 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 attorneys also have medical experts on staff to evaluate potential medical malpractice cases based on what a reasonable physician would do facing the same or similar circumstances.
Contact a Chicago medical malpractice lawyer at (888) 424-5757 for a free case review.
Elements Of a Medical Malpractice Claim
Although each malpractice case is distinct, they all share a few characteristics. For instance, each has a burden of proof that must be met to establish that the defendant is accountable for the patient's damage or disease. The following four essential components are necessary for medical malpractice lawsuits in Illinois:
- A professional relationship: You must provide documents and medical expenses to demonstrate that you and the defendant had a doctor-patient relationship at the time of your injuries.
- Breach of duty of care: The essential part of a medical malpractice lawsuit is the breach of duty or act of negligence.
- Causation: The defendant's breach of duty and your injury must be related. In having a case against the defendant, your damages must be directly attributable to the doctor's or hospital's failure to provide appropriate care.
- Damages: The victims must also demonstrate that the defendant's breach of duty caused them to suffer losses. Medical expenses, physical or mental discomfort, loss of enjoyment of life, or lost wages are all damages. The amount will depend on various factors, including the severity of your serious injuries.
Contact us for a free consultation if you're unsure if you have a case for medical malpractice in Illinois.
Our Chicago Medical Malpractice Lawyers Are Here to Give You the Best Chance At Compensation
The medical negligence 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 of your case to decide the most suitable way forward in your best interests.
Contingency Fee Basis
Our medical malpractice attorneys handle negligence cases on a contingency fee system, where we receive a legal fee only when we recover 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 negligence and hospital malpractice in Illinois, our Chicago-based medical injury law office 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 complicated process after an injury or wrongful death of a loved one at a medical facility.
A medical negligence situation can cost you thousands of dollars in additional medical bills and care, resulting in long-term disability and pain or even the loss of a loved one.
Negligent healthcare professionals fail to provide the appropriate standard of medical care - resulting in injury, wrongful death, or more. Our Chicago medical malpractice attorneys are here to ensure you receive fair compensation.
When you hire an experienced attorney, you get a profoundly committed professional to hold physicians, healthcare facilities, and other medical professionals accountable when a patient suffers harm.
We Have Won Medical Malpractice Claims Like Yours
Our medical malpractice lawyers have handled these sample settlement or jury award case results on behalf of our medical malpractice clients. The case results involve injury due to a medical error made by the client's doctor or other medical professionals -
- $9,000,000: Awarded to a middle-aged man who developed preventable injuries following cardiothoracic surgical errors at a teaching medical center
- $6,450,000: Birth injury settlement involving a child who developed medical complications after long labor involving several preventable medical mistakes
- $1,000,000: Brain injury and cranial fractures to a patient involving medical errors
- $2,000,000: Error made by pharmacy involving a mistake in dispensing medication
Have you suffered injuries that were preventable through medical negligence or malpractice? Do you have questions concerning an Illinois medical malpractice claim in Chicagoland or elsewhere in Illinois?
As our results show, we work hard to obtain maximum compensation from healthcare providers once we have informed consent. We invite you to contact our Chicago medical malpractice lawyers at (888) 424-5757 for a free consultation.
What to Expect After Filing a Medical Negligence Claim
When a medical negligence claim is filed against a medical professional under Illinois state law, the case falls under medical/hospital negligence in Illinois courts. In addition, it must follow specific guidelines the state legislature sets.
Once you have engaged a medical malpractice attorney in our law office and have decided to take action on your severe personal injury claim, the right lawyer will be by your side through the entire process.
We have guided many individuals and families through numerous medical malpractice cases, with a successful settlement or jury award for medical malpractice damages.
Understanding The Context of Your Medical Malpractice Lawsuit
If you decide to pursue a medical negligence or malpractice lawsuit, it is helpful to understand the context of your case so that you can prepare yourself for what to expect. Our medical malpractice lawyers put together some helpful information for you.
Medical Mistakes Are Often Fatal
A groundbreaking study 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 healthcare providers in an inpatient or outpatient setting. This statistic places medical mistakes as a leading cause of death.
Not All Medical Malpractice Cases Are Worthwhile to Pursue
Not all malpractice cases are worth a lot of money. Errors made by healthcare professionals which are caught quickly or result in minimal long-term consequences are not worthwhile to pursue by medical malpractice lawyers from an economic perspective.
The litigation costs may equal or exceed a recovery based on the victim's past and ongoing medical costs.
You Can Claim for Non-Economic Damages
When we accept complex medical malpractice cases, our team explores every aspect of compensable damages under Illinois law. Illinois recognizes both 'economic' and 'non-economic' damages, including:
- Physical pain and suffering
- Loss of normal life
- Future and past medical bills
- Lost wages
- Funeral expenses (wrongful death)
- Loss of society (in a wrongful death case)
The Medical Malpractice Claim Process
Our medical malpractice law firm office will guide you through the litigation process and advise you as your medical malpractice case proceeds.
Once you have engaged with a top medical malpractice lawyer and decide to act on your claim, your injury attorney will assist you through the entire process.
Although their services include negligence claims, filing and pursuing a successful medical malpractice claim is highly complex and time-sensitive.
Medical Malpractice Steps
This medical malpractice case process can vary but 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 and medical records for your case to support your negligence 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 malpractice attorney 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 Chicago medical malpractice case.
Have Your Case Reviewed by an Experienced Medical Malpractice Attorney
Don't delay action if you want to seek compensation for medical mistakes or hospital malpractice. Instead, contact our Chicago, IL malpractice law firm at (888) 424-5757 or use the contact form to schedule a free case consultation to discuss legal representation.
Our lawyers at Rosenfeld Injury Lawyers, LLC, are committed to the legal process of prosecuting your medical malpractice case and holding your doctor accountable to the full extent of the law in Illinois for medical and surgical errors.
Give your case the best chance, and call our legal professionals today for a free evaluation. Our Chicago medical malpractice law firm will support you throughout your medical malpractice lawsuit.
All confidential or sensitive information you share with our law offices remains private through an attorney-client relationship. Our skilled medical malpractice attorneys offer a free consultation via video call or telephone.
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