When we seek medical attention from a healthcare provider, we expect to be treated with a standard of care that promotes our wellbeing. However, when a nurse, doctor, or another medical professional does not uphold this established standard, the consequences can be far-reaching and life-threatening.
If you have been injured or lost a loved one due to medical malpractice, you have legal options. An Aurora medical malpractice lawyer can assess the details of your situation, launch an investigation, and advise you on a method of pursuing financial recovery.
All medical professionals are held to a high standard of care when making the decision to treat patients. Anything less than that standard could qualify as negligence. To get started with a free case review from a personal injury attorney, call The Kryder Law Group today.
Medical malpractice is a type of professional medical negligence. It occurs when a health care provider fails to provide quality care and, as a result, the patient is harmed. To file a medical malpractice claim in Aurora, you or your attorney will need to show that the healthcare provider:
Owed you a duty of care
Breached their duty of care (i.e., were negligent)
Caused you an injury or made your condition worse
As a result of their breach, you suffered damages
Examples of medical malpractice which may warrant a medical malpractice lawsuit in Aurora include:
Misdiagnosis or failure to diagnose a condition
If you have been the victim of medical negligence in Aurora, do not hesitate to seek legal counsel from our law firm. The Kryder Law Group has successfully represented many injured victims in medical malpractice cases, and we are ready to put our experience to work for you. Call today for a free consultation to get legal representation for your medical malpractice injuries.
What is NOT Considered Medical Malpractice?
To be clear, not every poor medical outcome or adverse event will qualify as medical malpractice. In some cases, medical providers may have adhered to the standard of care but still could not prevent a negative result.
Some examples of when medical malpractice would NOT apply include:
A known complication with a common procedure that was properly disclosed to the patient before treatment
An unavoidable adverse reaction to a medication
A pre-existing condition that was not caused by the healthcare provider’s negligence
It is important to have a clear understanding of what medical malpractice is and is not before moving forward with a medical malpractice lawsuit. An experienced medical malpractice attorney can help you determine whether you have a case.
Types of Medical Malpractice Claims
Regardless of how your medical malpractice injury occurred, a local medical malpractice lawyer from our personal injury law firm will investigate your case, determine who was liable, and fight for financial compensation in your medical malpractice lawsuit.
We can help you win money in your medical malpractice claim for injuries caused by:
If your surgeon made a mistake out of negligence that caused you to unduly suffer during a procedure, an attorney in Aurora can hold them liable for damages and help you recover maximum compensation. We may also be able to pursue funds from the facility where the operation was performed.
Cases of medical malpractice during the birthing process are not always black and white. If your child was injured or you lost a baby due to an error made by a doctor, nurse, or another medical professional, we will help you understand your legal options.
Every year, patients in Aurora suffer due to anesthesia errors. If you or a loved one was injured due to anesthesiologist malpractice, we can help. We will investigate your case and hold the at-fault party liable for damages.
Misdiagnosis or Delayed Diagnosis
The speed and accuracy of a diagnosis can determine the likelihood of a full and fast recovery. When a doctor misdiagnoses an ailment or fails to diagnose it correctly, they may be guilty of malpractice due to this medical error.
If you took a drug that was prescribed by your doctor and suffered adverse effects, we can investigate to determine if the doctor failed in their due diligence before writing the prescription. Your doctor may have prescribed the wrong dose or failed to take into consideration a contraindication with another medicine.
Wrongful Death due to Medical Negligence
The death of a loved one is always tragic, but it is even more so when it could have been prevented with proper medical care. If your loved one died due to the negligence or incompetence of a healthcare provider, we can help you understand your legal rights and options.
Medical Malpractice Cases Must be Built on Negligence
For your medical malpractice case to be successful, your Aurora personal injury lawyer must establish four elements:
Duty of Care
We must show that the responsible party (or parties) owed you a specific duty of care. This duty exists between all doctors and their patients, and it extends both to their staff members and to the medical facility that employs the doctor.
Breach of Duty of Care
We must demonstrate that the responsible party (or parties) breached their duty of care to you. To show this, we must provide evidence to prove how the responsible party acted negligently. One of the ways we can accomplish this is by consulting with another medical professional or other health care providers to gain further insight into your situation and what went wrong.
We must show how the responsible party’s negligence directly contributed to your injuries. How we can accomplish this goal varies on the details of your situation and the injuries you suffered.
Finally, we will lay out, in dollar amounts, the economic and non-economic damages you incurred as a result of the responsible party (or parties’) negligent medical care.
Examples of Economic Damages
Economic damages are defined as any financial losses you incurred because of your injuries. Common types of economic damages that can be recovered in medical malpractice lawsuits include:
Diminished earning capacity
Examples of Non-Economic Damages
Non-economic damages are defined as any intangible losses you incurred because of your injuries. Common types of non-economic damages that we have recovered for our clients include:
Pain and suffering
Loss of consortium
We Can Help You Recover Compensation
At The Kryder Law Group, our Aurora medical malpractice attorneys are determined to guide you through the financial recovery process. While we will strive for an out-of-court settlement, if we cannot reach a fair settlement offer from the involved parties, then we have the option of filing a lawsuit and taking your case to court.
We believe that you should not have to incur any out-of-pocket expenses due to the medical mistakes and negligence of a healthcare professional. Our legal team can review your medical bills, lost wages, and other costs to assign an accurate value to your case. From there, we can approach the other party with a figure that represents the extent of your financial and emotional damages.
Should your case be successful, regardless of what route it takes, you may be able to receive compensation for:
Medical bills and medical expenses
Lost wages, including the cost of benefits, tips, and bonuses
Reduced earning capacity
The cost of physical therapy or mental health counseling
Pain and suffering and inconvenience
You may be seeking coverage for damages that we have not listed here. If so, you should share with your medical malpractice lawyer what losses you are hoping to recover through the negotiation process.
If you lost a loved one, in addition to the damages listed above, you may also be eligible to file a wrongful death claim. These claims can help surviving family members recover compensation for:
Funeral costs and burial expenses
Loss of companionship
Loss of support and guidance
Call today to schedule a free consultation with one of our experienced medical malpractice lawyers. We will review your case and answer any questions you may have about the legal process. Our goal is to help you obtain the maximum amount of compensation possible for your injuries.
If you or someone you love has been injured due to the negligence of a healthcare provider, you may be entitled to compensation. At The Kryder Law Group, our Aurora medical malpractice attorneys are dedicated to helping seriously injured victims of medical malpractice recover the compensation they deserve in their personal injury claims.
Call an Aurora Medical Malpractice Attorney to Discuss Your Case
The Aurora medical malpractice lawyers at The Kryder Law Group want to get to work for you today, helping you recover fair compensation from the doctor, medical staff, doctor’s office, or medical facility responsible for the medical mistakes that caused your losses. We can get to work for you today, starting with a free, no-obligation case evaluation. To get started, call us today. You can speak about medical malpractice issues with an experienced personal injury attorney from our law office serving Aurora.
Illinois’ Statute of Limitations
735 ILCS 5/13-212 outlines how long you have to take your medical malpractice case to an Aurora civil court. Depending on when the malpractice occurred or when you reasonably should have discovered the error will factor into this deadline. If you let the statute or any other important deadlines expire, you risk losing the right to recover compensation. The Kryder Law Group can share in further detail how the Illinois statute of limitations may apply to your case.
How much is my case worth and how long will it take?
The value of your case will depend on many factors, including the severity of your injuries, the amount of medical bills you have incurred, and whether you have suffered any lost wages. The length of time it takes to resolve your case will also depend on these factors, as well as the cooperation of the responsible party and their insurance company. An experienced Aurora medical malpractice lawyer can help you understand how these factors may affect your case. We provide legal services for injured clients suffering injuries from a medical mistake.
What You Get in a Free Case Evaluation with a Medical Malpractice Lawyer
In your free case evaluation with The Kryder Law Group, we will:
Review the details of your injuries and how they occurred
Explain how Illinois’ medical malpractice laws or other legal issues may apply to your situation
Calculate the value of your damages and what types of compensation you may be owed
Discuss the best legal options for moving forward with your case
Answer any questions you have about pursuing a medical malpractice claim in Aurora, IL
You should not have to worry about whether or not you can afford our legal representation. We take cases on a contingency fee basis. This means that we front all costs associated with pursuing your claim and only collect our attorneys’ fees if we recover compensation on your behalf.
What should I do if I suspect medical malpractice?
If you suspect that you or a loved one has been the victim of medical malpractice in Aurora, there are some important steps you should take:
Get a second opinion from another healthcare provider. This will help to ensure that your first diagnosis was accurate and that any subsequent treatment was necessary.
Gather all of your medical records related to the incident in question. These records will be essential to building your case.
Speak with an experienced Aurora medical malpractice lawyer who can review your case and help you understand your legal options.
What if I am not sure if I have a case?
If you are not sure if you have a case, we encourage you to schedule a free case evaluation with our Aurora medical malpractice lawyers. We can review the facts of your case and help you understand whether or not you may have a claim for compensation.