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Springfield Medical Malpractice Lawyer

Springfield Trial Attorneys Holding Medical Practitioners Accountable

Medical malpractice is one of the most common causes of injury. Every year thousands of people sustain personal injury or are killed due to preventable medical mistakes. Unfortunately, many victims do not know that hiring medical malpractice lawyers can safeguard their right to compensation for their injuries and losses.

Many others are unaware of where to turn when they need help fighting against negligent doctors and hospitals. At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys represent injured victims harmed by medical malpractice and negligence.

Call an experienced Springfield personal injury lawyer today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free initial consultation. All confidential or sensitive information you share with your trial attorney remains private through an attorney-client relationship.

Springfield Medical Malpractice

Healthcare Drives Springfield's Economy

Aside from the State of Illinois, the city's largest employers are its two hospitals, and the Southern Illinois University School of Medicine is its ninth-largest provider of work. These three institutions alone provide almost 11,000 jobs. In addition, this healthcare system serves over 211,000 individuals in Springfield's metropolitan area, including 117,000 residents living within its city limits.

The limited options available to patients in such an extended area are a detractor to quality. However, fewer options reduces the need to compete, and unlike the greater Chicago area, those living in the city's suburbs are forced to choose between only two options.

It doesn't mean that you should suffer medical malpractice. Our Springfield medical malpractice lawyer will ensure that your legal rights are safeguarded, and you recover workers' compensation if you have suffered birth injuries, surgical errors, or nursing home neglect. Call our law firm to schedule a free consultation.

What is Medical Malpractice, and Does It Involve Product Liability?

According to our medical malpractice lawyers, the justice system recognizes medical malpractice as a type of personal injury through tort law. It is an umbrella term encompassing all types of negligently inflicted injuries on a patient that results in some form of damage.

The law requires doctors and other healthcare professionals to adhere to basic standards while practicing their profession, and one of those standards is using reasonable care to prevent injury. If the doctors fail to adhere to these standards, our medical malpractice lawyer can hold those responsible for subpar care and liable for medical malpractice.

Typically, many medical malpractice claims involve product liability when the victim's injuries result from a defective medical device, dangerous drug, or other product.

What Product Liability Has to Do With Medical Malpractice

In a recent case of two product liability claims (one against the manufacturer of an IVC filter and another against a balloon catheter manufacturer), the Supreme Court of New Mexico ruled that the defendants could not pursue reimbursement from an insurance company for defense costs associated with the lawsuits.

The court reasoned that, because the defendants were being sued in both cases under different theories (negligence in the IVC filter case and strict liability for design defects in the balloon catheter case), there was no way of knowing which type of claim would prevail.

Therefore, the court ruled, it was impossible to determine which insurer was responsible for defense costs in each case.

Springfield Medical Malpractice Lawyer

A Significant Ruling for Personal Injury Claims in All States

This ruling is significant for lawsuits filed in all states because insurance companies routinely require a doctor, hospital, or another healthcare provider to name them as additionally insured on the policy before they will agree to provide medical malpractice coverage.

It is common for the healthcare provider to list the manufacturer's insurance company of any defective product as an additional insured even though the manufacturer is being sued for different reasons. The New Mexico Supreme Court's ruling means that manufacturers cannot recover defense costs in this situation unless the manufacturer's insurance company is listed as an additional insured on both policies.

Here are some thoughts our product liability lawyers would like to share with you about this decision:

  • This ruling applies only to product liability claims, not negligence claims, because the number of ways in which a claim can be framed is limited to negligence, strict liability for design defects, and possibly a breach of warranty.
  • It only applies when the manufacturer is being sued in products liability claims, not negligence claims.
  • It does not mean that an injured person cannot recover damages from the manufacturer of a defective product.
  • It gives rise to the possibility that an injured person covered by a specific insurance policy (even if it is not the manufacturer's policy) will be able to recover damages from that company.
  • Only one insurer needs to provide coverage in cases involving defective products.
  • Sometimes manufacturers have separate policies for defective products and general liability, but in many cases, they have a single policy providing coverage for both.

Is your doctor or hospital asking you to sign an agreement requiring you to name them as additionally insured on the policy concerning any claim involving a defective product? If so, you should consider talking to Springfield medical malpractice lawyers specializing in malpractice first.

Damages You may Seek When Filing a Personal Injury Claim Related to a Springfield, IL Medical Error

Do you suspect that the injuries you have suffered are due to medical negligence, defective medical devices, or a medical error? If so, Illinois law allows you or a family member to file a medical malpractice lawsuit against the health care provider or facility responsible for your injuries.

To maximize the value of our client's cases, an experienced attorney will assess the value of each case by considering the real economic impact of the victims' injuries. This evaluation requires a review of the victim's medical record, the limits of the insurance company policy, any deviation from the standard of care, and the extent of the plaintiff's medical bills.

The damages we seek may include:

  • The cost of revisionary procedures: If you've received a defective implant, you suffered internal bleeding due to a surgeon's error, or your injuries resulted in a medical condition that required additional surgical procedures to correct, you are entitled to the cost of each procedure.
  • Your hospital bills and the cost of continued medical care: Emergency rooms provide responsive care to life-threatening injuries, but patients have to pay a high cost. Therefore, should you require emergency care due to complications related to a medical error, you are entitled to recover compensation in the number of your hospital bills as well as any additional care that is deemed necessary to your recovery.
  • Lost wages and opportunities: When injuries are so debilitating that they leave you unable to support yourself or your family, it is reasonable to expect compensation for the value of your lost income throughout your physical recovery. If your injuries rendered you completely unable to work again, you might also be entitled to compensation due to lowered quality of life and the loss of potential future income.
  • Pain and suffering: There really can never be a value placed on the hardships and suffering that injury victims must endure when they've been injured due to a doctor's carelessness. Still, you may recover some form of fair compensation for your pain and suffering at a value determined by a jury.
  • Wrongful death: If your loved one died due to medical negligence, you may file a lawsuit for wrongful death and recover damages for loss of consortium and the value of the economic contributions your loved one made to your family as a breadwinner.

Holding a Medical Professional Accountable For Medical Malpractice

Did a bad medical outcome by health care providers leave you worse off than you were before you sought treatment for your medication condition or illness? If so, it is entirely within your right to demand compensation from the doctor and hospital responsible for your injuries.

The Springfield medical malpractice abuse attorneys at Rosenfeld Injury Lawyers LLC work on behalf of clients to maximize the value of their claim to ensure that they can afford the treatment required to be made whole again.

Springfield Medical Malpractice Law Firm

The Areas of Concern for Springfield's Hospitals

Springfield's medical needs are served by two hospitals, which also provide for all of the city's suburbs and outlying towns. 

The data we have compiled about each hospital can help you better understand some of the contributing factors considered in medical malpractice cases. Here is a look at how your local hospitals are performing and where they can make improvements.

Memorial Medical Center
701 North First Street
Springfield, IL 62781
217-788-3000

Memorial Medical Center is a level one trauma center providing emergency pediatric treatment and level two perinatal care. In addition, 79% of patients surveyed would highly recommend this facility to their friends and families. Still, cited issues include concerns over cleanliness, patient education on health matters, and a high mortality rate among stroke patients.

The facility's readmission rates speak volumes on the efficacy of its treatment for patients experiencing severe conditions or requiring emergency treatment. Mortality rates are often linked to readmission rates as well as patients are far more likely to die when they are released too quickly.

About 17.3% of patients were admitted with pneumonia, 23.1% of patients suffering congestive heart failure, and 17.3% of heart attack patients were readmitted to this facility within thirty days of discharge. Only about 40% of those who were readmitted survived.

Illinois's average stroke fatality rate is 70.96 out of every 1,000 cases, whereas Memorial Medical Center's stroke mortality rate is 96.15 out of 1,000.

There are additional concerns over measures taken to prevent and treat blood clots. For example, about 11% of the patients who developed blood clots in the hospital were not provided preventative treatment. 

Only 80% of patients undergoing surgical procedures received treatment meant to prevent clots. Finally, only 54% of patients suffering from blood clots were released with medication and proper care instructions for their blood clots.

St. John's Hospital
800 East Carpenter Street
Springfield, IL 62769
217-544-6464

St. John's is designated and rated highly as an infant and child-friendly hospital. It is also a level one trauma and pediatric critical care center that provides level three perinatal care. St. John's experiences, birth trauma injury, and obstetric injury rates align with the state average. In addition, its pediatric care excels in every area assessed and is far ahead of state and national averages.

The number of accidental incidents in which patients suffer lacerations and puncture wounds during surgical procedures is twice the state average. 3.43 out of every 1,000 patients were accidentally cut or suffered puncture wounds in unintended areas during operative procedures. Accidentally cutting a patient in the wrong location can result in numerous severe complications and increase the risk of infection following surgery.

Finally, only 54% of the patients surveyed felt they understood their treatment and how to manage their illnesses or conditions upon discharge. This revelation highlights the need for hospital staff to communicate with and provide better information to their patients so that they may avoid readmission due to a worsening of their conditions, injuries, or illnesses.

Medical Malpractice and Informed Consent

According to the National Institute of Health, obtaining proper informed consent from the patient is crucial to performing any procedure that outlines the specific risks involved. Additionally, there must be safeguards for minors, incapacitated people, and research subjects.

Any lack of informed consent could cause a medical malpractice claim to ensure that the injured party and their families and loved ones have a financial compensation legal remedy should something go wrong.

Any medical professional who performs a procedure without the patient's informed consent and any hospital or medical clinic that hires a doctor who fails to follow protocol open everyone involved up to medical malpractice lawsuits.

Many weak medical malpractice cases have been won due to a lack of informed consent. Contact your Springfield medical malpractice lawyer to discuss your compensation case.

National Ambulatory Medical Care Survey

According to the National Ambulatory Medical Care Survey, about 90 million patients visit physicians' offices every year.

This survey is an indicator of the current climate regarding doctor-patient relationships. Most patients have a personal doctor or primary care physician.

One of the most important parts of performing any surgery is obtaining consent from the patient. There are several instances in which patient consent can be overridden, but this should only happen in the direst of situations.

Exceptions: Waiving Informed Consent

Consent to a dangerous medical procedure can be waived if a patient does not have the mental ability to understand what is going on. Those unable to give consent include minors, people with a temporary or permanent mental disability, and incapacitated individuals who are not given the proper treatment because their family or next of kin fails to act in time.

The physician has the final say in all cases, but he cannot override a patient's refusal to treatment. However, suppose the physician feels that there is not enough time for patients to choose their treatment options. In that case, he can decide which is most common with medical emergencies or when resources are severely limited.

If the patient's condition worsens with their refusal of treatment, the physician may step in and choose on their behalf. However, not all patients can make decisions for themselves.

If the patient's family is of no help, the physician must decide what treatment is best. When a person is incapacitated for several days, the doctor will confer with family members to see if they can make medical decisions on behalf of their loved one.

The Complexities of Medical Malpractice Claims

Many people injured through another's negligence can file a personal injury lawsuit seeking financial compensation without using legal representation. A minor fender bender accident and neighborhood dog bite involving minimal injuries are perfect examples of non-complex claims.

However, tackling a medical malpractice claim without the expertise of a competent personal injury attorney will likely not produce the desired outcome. Instead, a medical malpractice lawyer will use comprehensive civil tort law to build a solid case for compensation.

The lawyer will follow important legal and procedural steps to ensure that the claim is viable and presented appropriately.

For more information on how Rosenfeld Injury Lawyers, LLC can help you with your medical malpractice case, please call our law office at (888) 424-5757 or use the contact form.

Let Us Evaluate Your Central Illinois Medical Malpractice Case While You Still Have Time

Our personal injury attorneys review these types of cases to establish patterns of negligence that work in our clients' favor. In addition, we&'ve provided the latest medical malpractice information concerning the areas in which central Illinois hospitals and medical professionals have failed.

Call the Springfield medical malpractice attorneys at Rosenfeld Injury Lawyers LLC for a free review of your legal rights, decisions on medical malpractice laws, our legal fees, and options for financial compensation. We are ready to serve you and your family.

Illinois law limits the amount of time you have to file a lawsuit, and while the statute of limitations is typically two years, other factors may impact the timeframe you have within to file.

Having one of our Illinois medical malpractice attorneys evaluate your case quickly will provide ample time to build your case, gather time-sensitive evidence and maximize your chance of success before the expiration of your statute of limitations.

 

Springfield Medical Malpractice Attorney

Hiring Springfield Medical Malpractice Lawyers to Resolve your Personal Injury Case

The attorneys at Rosenfeld Injury Lawyers LLC have handled thousands of cases involving medical negligence. As a result, we have successfully secured the compensation needed for our clients to cover their expenses throughout their physical recovery.

Contact our Springfield medical malpractice lawyers at (888) 424-5757 today or use the contact form to arrange a free consultation. A lawyer from our personal injury law firm will review your case, discuss your legal options, and guide you through the legal process to pursue your claim.

Our multi-million-dollar advocates have resolved hundreds of personal injury claims involving medical malpractice and can help your family too. In addition, we accept all personal injury cases and wrongful death lawsuits on a contingency fee basis, meaning no upfront fees are paid until your case is resolved.

Contact us for more information on our years of experience, law office, legal advice, receiving financial recovery, medical experts' testimony, legal services, and malpractice legal system.

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Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa