Medical malpractice occurs when medical professionals make an error or omission that causes injury to a patient. Medical malpractice can result from negligence, recklessness, and sometimes could be intentional. The consequences of medical malpractice can lead to serious injuries and death.
Did you or a loved one sustain a personal injury by a medical mistake? At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys are legal advocates protecting injured victims harmed by a medical error.
Our Schaumburg medical malpractice attorneys will work hard for your rights as they go through filing a lawsuit against the responsible party on your behalf.
Contact our personal injury lawyers serving Schaumburg, IL today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation. All confidential or sensitive information you share with our medical malpractice lawyers remains private through an attorney-client relationship.
Schaumburg Relies on Neighbors for Emergency Care
Schaumburg is an industrial city with an economy driven by technology companies and its Woodfield Mall, one of the nation’s largest malls. The area has been home predominantly to a German population for most of its history, and 70% of its residents are of Caucasian descent.
The city’s population is also composed mostly of affluent white workers, which is reflected by a median household income of $66,500 per year. The medical needs of nearly 75,000 must be met by hospitals located in neighboring cities, however, due to its lack of a hospital within its city limits.
What is Medical Malpractice, and is it Different from Medical Negligence?
Medical malpractice occurs when doctors, nurses, chiropractors, dentists, or other health care practitioners are negligent in their treatments. Medical malpractice and medical negligence are used interchangeably by the justice system holding medical professionals accountable for their medical malpractice mistakes. A medical malpractice lawyer from our firm serving Schaumburg, IL, is ready to offer you a free consultation if you’re a victim.
Medical malpractice may be due to a lack of experience or knowledge about the treatment being performed. Negligent providers may also fail to follow accepted standards of care for diagnosis and treatment.
Are you or a close family member a victim of medical malpractice? Contact our law firm to schedule a free consultation with our medical malpractice lawyer serving Schaumburg, IL specializing in personal injury law for legal advice.
To prove medical malpractice, a lawyer needs to show that the health care provider made a mistake during treatment and that error directly caused harm (including injury or death) to the patient.
Should another diagnosed illness, disease, or condition already be present in your body before treatment begins, it cannot be grounds for a claim since the negligent care did not cause or worsen your condition.
What Is a Standard of Care and Why It Is Important in Medical Malpractice Cases?
There are accepted standards for treatments across the medical industry, including hospitals and outpatient care centers. When healthcare providers fail to follow those guidelines, they become negligent, causing an injury to a patient and resulting in medical malpractice.
For example, a doctor may fail to diagnose a condition, such as heart disease, which could have been identified with an EKG test. However, if this test were not performed and led to death by cardiac arrest, there would be substantial evidence of medical negligence resulting in medical malpractice since an EKG is routine in these cases.
An autopsy report demonstrating damage to the heart from coronary artery disease would also support our medical malpractice lawyer serving Schaumburg, IL, wrongful death actions claim that an error was made during treatment.
Forms of Medical Negligent Which Warrant Legal Action
If you have been harmed due to the actions or failure of your doctor to meet his duty of care or because of the actions of other hospital staff members, which led to medical malpractice, you may be unsure of whether you have a claim. People make mistakes, and the law protects doctors from frivolous lawsuits.
Still, if a physician or facility is clearly in the wrong, you are entitled to fair compensation for your injuries. Consider hiring our medical malpractice lawyer serving Schaumburg, IL, to investigate your legal options.
Contact our law firm for a free consultation to resolve your legal issues.
Types of medical malpractice cases:
- Perforated organsresulting from surgical procedures: Surgery requires precise incisions and great attention to detail. Things can begin to go wrong in a moment if a surgeon does not notice damage to an organ they did not intend to cut. Perforation of the bowel, bladder, and gallbladder are more common than most people believe, but quick detection and repair of the perforation are enough to prevent complications. Medical malpractice might involve a surgeonfailing to notice the injurythat the patient has internal bleeding, infections, and extreme pain following the medical procedure.
- Inadequate measures to prevent infections following medical procedures: Bacteria quickly gain drug resistance in hospitals. Therefore, it is vital to keep all instruments and patients’ rooms clean and free of microorganisms, which can multiply and spread throughout the facility’s resident population, leading to medical malpractice.
- Premature discharge and failure to educate patients on their treatment: The overcrowding of many hospitals often results in the tendency for patients to be sent home well before they are ready. Premature discharge is the product of attempts to cut costs, and insurance companies often push patients to be sent home early to reduce their financial liability. Unfortunately, this can result in readmission when the patient’s condition worsens at home, and the mortality rate is high among patients readmitted for life-threatening conditions.
- Misdiagnosis of the injury or illness: If a doctor completelymisdiagnosesor attempts to treat a patient for the wrong condition, it can have devastating effects. Many medicines have adverse side effects and should only be prescribed when the benefit outweighs the risk. If a misdiagnosis results in an unneeded operative procedure, the patient has the legal right to hold those who were negligent financially accountable.
Proving Medical Malpractice
The victim or their medical malpractice lawyer must prove that the defendant (responsible party) was negligent in resolving a medical negligence case. Under Illinois tort law, four elements must be proven, including:
- The defendant owed a duty to the plaintiff (the patient)
- The defendant breached that duty by failing to meet the accepted standard of care in their area of expertise
- The defendant’s breach of their duty resulted in a personal injury or damages; and
- Demonstrate that it is more likely than not that without this negligence, the personal injury would not have occurred
Establishing causation can be one of the most difficult issues of a medical malpractice issue. Still, our medical malpractice lawyer will pursue every avenue of monetary recovery and workers’ compensation available to you.
A thorough investigation on our medical malpractice lawyers’ end increases the chances of your complex litigation success at trial.
Following are three different ways that negligence can be proven in a medical malpractice case:
- Jurors see negligence and its connection to damages when the patient’s doctor made an obvious error like performing surgery on the wrong limb or operating on the wrong body part
- Doctors act with blatant disregard for their patients’ well-being through ignorance of standard of care or out of maliciousness leading to medical malpractice
- The doctor’s negligent act results in damages so unusual that it could not have occurred, but for negligence(e.g., an amputation resulting from a misdiagnosis of gangrene)
Medical Malpractice Statistics
In Illinois, medical malpractice claims have declined by 50% between 2003 and 2014. However, the number of negligent acts by doctors is on the rise.
Illinois hospital-acquired infections increased by 10% from 2013 to 2014. This number is higher than the national average.
In 2015, a Kaiser Health News analysis found that over a third of all Americans were harmed in only five years while receiving hospital care. The estimate was based on public health agencies and patient advocates who compiled their figures from individual reports.
Not every case will fit every element required to prove medical malpractice and negligence under Illinois tort law.
Schaumburg Medical Malpractice Wrongful Death
Sometimes, the doctor’s errors such as surgical errors, the nurse’s negligence, or the hospital’s failed policies, leads to severe injuries that the patient dies because of medical malpractice.
In these cases, our medical malpractice attorney can help the decedent’s estate or surviving family members press a nursing home neglect lawsuit and claim medical malpractice medical expenses to recover damages.
Typically, these damages include:
- Hospitalization costs and medical expenses
- Loss of companionship and support
- Loss of income and future lost earnings
- Loss of familial support
- Funeral and burial expenses
- The grief, shock, and trauma experienced by family members
- Punitive damages in cases where a defendant’s egregious actions display a reckless disregard for patient safety or human life
Can I File a Medical Malpractice Lawsuit without using an Attorney?
Filing a medical malpractice claim can be a complicated process. In addition, there are strict timelines for filing a case within the state or federal court system, which could lead to the dismissal of your claim if your medical malpractice attorney misses the filing deadline.
Medical Malpractice and the Statute of Limitations
Every state legislature has enacted a statute of limitations that restricts the amount of time injured patients’ lawyers can file a civil lawsuit or compensation claim against the defendants for negligence, abuse, or intentional action that caused damages.
In Illinois, injured victims’ lawyers are limited to two years to file medical malpractice litigation. This waiting period begins on the date of the negligent act or omission, not from the day you knew you had an injury because of it.
Some circumstances can extend the statute of limitations restrictions, especially if the injured party did not know they were harmed until severe symptoms appeared. For example, a patient may be unaware that their hip replacement device implanted years ago has caused severe problems until significant damage has been done.
Individuals under 18 years old when they were hurt have until their 21st birthday to file a compensation claim.
Medical Malpractice Arbitration and Mediation
Some hospitals offer patients a chance to resolve disputes through arbitration or mediation, which is less aggressive than filing a lawsuit in court.
Many health care facilities require that patients agree to arbitrate or mediate all medical malpractice claims before being treated by doctors or staff. However, the damage suffered may be just as severe, and compensation may be awarded less than it would if you filed a lawsuit.
If the level of care provided by the health care provider fell below accepted standards, you could file medical malpractice litigation in court. Additionally, you have two years to file following an injury, which could result in additional problems because witnesses’ memories fade with time.
Receiving Compensation for Medical Malpractice
Medical malpractice claims are based on negligence, which means that lawyers must prove that it occurred. Without sufficient evidence, your case will likely not be successful. If in doubt, call our law firm for a free consultation.
It is important to realize that health care providers can also file medical malpractice litigations against other doctors if they feel they were negligent in providing treatment or diagnosing an injury/illness.
St. Alexius Medical Center
1555 Barrington Road
Hoffman Estates, IL 60194
St. Alexius Medical Centerserves the needs ofHoffman Estates, Schaumburg, and South Barrington and is a designated level two trauma center with approval to provide emergency pediatric care. It is also a designated level three perinatal care facility. St. Alexius excels in perinatal care, maternal and infant care, and treating patients requiring hip replacements.
It also has an excellent mortality rate for pneumonia, congestive heart failure, and heart attack treatment when considered against the state and national averages despite its abnormally high readmission rates.
About 18.1% of patients suffering from pneumonia, 23.3% of congestive heart failure patients, and 18% of those who suffered a heart attack were readmitted within thirty days of release.
To highlight the need to make sure patients are truly ready to leave before discharge, only about 60% of the patients readmitted to this facility survive—and this is considered an excellent survival rate compared to other hospitals.
Northwest Community Hospital
800 West Central Road
Arlington Heights, IL 60005
TheNorthwest Community Hospitalis a level two trauma unit, a level three perinatal center, and emergency pediatric care. Areas of concern include injuries to mothers during delivery, an abnormally high mortality rate among patients who have been readmitted, and a high incident rate of accidental laceration during operative procedures.
17% of pneumonia patients, 22.1% of congestive heart failure sufferers, and 20% of patients suffering from a heart attack were readmitted to this facility within thirty days of being released. Nearly 83% of the pneumonia patients readmitted did not survive, while over half of the patients readmitted for heart attack and congestive heart failure did not survive the past thirty days.
Theobstetric traumarate of this facility during birth is 27.35 per 1,000 patients compared with the state average of 17.36 per 1,000. Additionally, the rate of accidental laceration or puncture during surgical procedures is almost twice the average. Northwest Community Hospital reported 2.42 cases of laceration or puncture per 1,000 patients compared to the Illinois average of 1.47 per 1,000.
Alexian Brothers Medical Center
800 West Biesterfield Road
Elk Grove Village, IL 60007
Alexian Brothers Medical Centeris a level two trauma unit, also providing level two perinatal care and emergency pediatric care. This facility performs at or better than average for most categories considered for evaluation.
Its mortality rates for patients suffering from pneumonia, heart attack, or congestive heart failure are considerably lower than average. However, its readmission rates could still see improvement— 17.8% of pneumonia patients, 22.1% of heart failure patients, and 17.7% of heart attack patients were readmitted within thirty days of discharge.
About 76% of patients would recommend this facility to their friends and families, and 73% felt that their rooms, beds, and bathing areas were kept clean. This percentage is slightly lower than the state average.
Cleanliness is a contributing factor to low rates of infections, and conversely, inadequate cleaning procedures can precipitate the spread of infections and other diseases. Finally, only 51% of patients understood their treatment and proceeded with continued care following release. When patients are not adequately educated about their health conditions, it can result in readmission.
You may be hesitant to consider legal action against a trusted doctor or uncertain of your success chances following an injury. It is essential to understand that hospitals and doctors are insured if their actions result in medical negligence. Malpractice is often the result of honest mistakes by medical professionals.
Their failure does not excuse the person responsible for your injuries from providing compensation to cover the cost of your rehabilitation, along with any emergency care or revisionary procedures deemed necessary. For legal representation, call our law firm to book a free consultation.
Hiring a Schaumburg Medical Malpractice Lawyer
Please submit your contact informationtoday to speak with one of our Schaumburg medical malpractice attorneys to learn more about your legal options during a free case review.
Our personal injury law firm will answer any questions you have about your legal issue and let you know how we can assist you through legal representation in recovering fair compensation for your injuries, as we have done for thousands of others.
Our medical malpractice lawyers accept every personal injury case and wrongful death lawsuit through contingency fee agreements. This promise ensures that if we are unable to recover damages on your behalf, the services of our legal team won’t cost you anything.
Call usfor more information on filing a wrongful death or medical malpractice claim, receiving legal advice, submitting personal information, or discussing our past results on a case-by-case basis.