If you or a loved one has suffered due to a healthcare provider’s negligence, our experienced personal injury attorneys are here to help. We’ll strive to secure the compensation you deserve for your pain, suffering, and financial losses. Each medical malpractice attorney at our law firm has experience with a wide range of cases, from surgical errors to misdiagnoses, and we approach each case with diligence, compassion, and a strong will to win.
In this Article
What Is Medical Malpractice?
Medical malpractice, as defined by Illinois law, occurs when a medical professional, such as a doctor or nurse, deviates from the accepted standards of medical practice which results in harm to a patient. This deviation could consist of an action taken or an action overlooked.
To prove medical malpractice, by statute, one must establish that a doctor-patient relationship existed, that there was a breach of the standard of care, and that this breach directly caused the harm or injury.
It’s important to note that not all unfavorable outcomes in healthcare are a result of medical malpractice. Legal assessment is needed to determine liability.
What Is NOT Medical Malpractice?
Not every medical outcome that is unsatisfactory or unexpected constitutes medical malpractice. If a patient doesn’t recover as expected or experiences side effects, it isn’t necessarily a case of malpractice.
Even a genuine error on the part of a medical professional doesn’t always equate to malpractice. It’s crucial to understand the difference between medical malpractice claims and unfortunate medical outcomes – for a claim to be valid, there must be a clear breach of duty that directly caused harm.
How Does a Victim Prove Medical Malpractice?
To prove medical malpractice claims, evidence must show a clear link between the healthcare services provider’s medical negligence and the patient’s injury. This may include medical records, expert testimony, and a detailed account of events.
Common Types of Medical Malpractice Cases in Burbank
Misdiagnosis or Delayed Diagnosis: These cases arise when a healthcare provider fails to correctly diagnose a condition, or delays diagnosis, leading to worsened health or missed treatment opportunities.
Surgical Errors: These can range from operating on the wrong site or patient, leaving surgical instruments inside the patient, or causing unnecessary damage during surgery.
Medication Errors: This involves prescribing or administering the incorrect dose, incorrect medication, or failing to spot potential harmful drug interactions.
Birth Injuries: Birth injuries involve harm to a child or mother due to negligence during pregnancy, labor, or delivery.
Failure to Treat: This occurs when a healthcare provider correctly diagnoses a patient’s condition, but fails to recommend or implement appropriate treatment, leading to unnecessary harm or worsening of the condition.
What Types of Medical Malpractice Lawsuits Produce the Highest Settlements?
Medical malpractice lawsuits for patients involving catastrophic injuries or lasting harm often result in the highest settlements. These include cases of birth injuries leading to lifelong disability, surgical errors causing permanent damage, and severe misdiagnosis leading to fatal outcomes or significantly worsened health.
This is because these cases usually involve significant medical expenses, substantial loss of earning capacity, and immense physical and emotional pain and suffering.
It is important to remember that each case is unique, and the amount of compensation depends on the specific circumstances of the case, including the extent of harm, the degree of negligence involved, and the jurisdiction in which the lawsuit is filed.
Common Types of Injuries from Medical Malpractice
Misdiagnosis or Delayed Diagnosis: Incorrect or late identification of a medical condition leading to ineffective or delayed treatment.
Birth Injuries: Damages sustained by an infant during or just after childbirth due to negligence.
Surgical Errors: Mistakes made during surgery, such as performing an incorrect surgical procedure or leaving surgical instruments inside the patient.
Medication Mistakes: Giving the wrong drug or dosage, leading to adverse reactions or ineffective treatment.
Anesthesia Errors: Administering anesthesia incorrectly causing harm like brain damage or even death.
Nursing Home Abuse and Neglect: Inadequate care, physical/emotional abuse, or neglect of elderly residents in nursing homes.
Emergency Room Errors: Mistakes, such as incorrect treatment, misdiagnosis, or negligent wound care made in the high-pressure environment of an emergency room.
What to Do If You Suspect Medical Malpractice
If you or a loved one has been injured due to the negligence of a healthcare provider, it’s important to seek help to address your legal issue as soon as possible. The personal injury lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers are experienced in medical malpractice cases and can help you get the compensation you deserve.
Do I Need a Lawyer for a Medical Malpractice Injury Claim?
Yes, hiring a lawyer increases the clients’ chances of a successful claim, ensuring fair compensation.
Our experienced personal injury attorneys at The Kryder Law Group, LLC Accident and Injury Lawyers can help evaluate your claim and navigate the entire process so that you can secure the compensation you deserve. We’ll handle all of the paperwork ensuring your case is filed to meet the Illinois statute of limitations, investigate your case to uncover the evidence needed to prove malpractice, and work vigorously for your rights. Our team of professionals is committed to providing quality representation and personalized service every step of the way.
Types of Compensation for Medical Malpractice Victims
Medical malpractice victims might be entitled to several types of compensation:
Economic Damages: Cover quantifiable financial losses like medical expenses and lost wages.
Non-Economic Damages: Address intangible losses such as pain, suffering, and emotional distress.
Future Medical Expenses: Compensation for anticipated medical costs related to the injury.
Loss of Earning Capacity: Covers the reduced ability to earn due to the injury.
Loss of Consortium: Compensation for the impact of injury on relationships.
Wrongful Death Damages: Monetary relief for the family of a deceased victim.
What Is My Case Worth?
The value of a medical malpractice case varies based on several key factors:
Severity of Injury: The extent and impact of injuries sustained due to medical negligence.
Economic Loss: Financial losses incurred including medical bills and loss of income.
Evidence of Negligence: Concrete proof linking healthcare provider’s negligence to the injury.
Long-term Implications: Future medical expenses and impact on earning capacity due to injury.
Contact a Burbank Medical Malpractice Accident Lawyer Today
Don’t let medical malpractice go unchecked. If you or a loved one has suffered due to medical negligence in Burbank, reach out to us at The Kryder Law Group, LLC Accident and Injury Lawyers. We offer a free consultation to discuss your situation and investigate the details of your potential claim. Our skilled attorneys will assess the strength of your case and discuss your legal options at no cost to you. We work on a contingency-fee basis – you don’t pay anything unless we win. Let us help you fight for the justice you deserve.