Des Plaines Medical Malpractice Lawyer

When medical professionals fail to provide the required standard of care, people can get hurt. If you or a loved one has been a victim of medical malpractice, a Des Plaines medical malpractice lawyer from our personal injury law firm can help you understand your legal options.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s negligence causes injury to a patient. This can include errors in treatment, delayed diagnosis, misdiagnosis, surgical errors, medication errors, or other deviations from the standard of care.

To have a valid claim, you must prove:

• A doctor-patient relationship existed.
• The provider failed to meet the accepted standard of care.
• This failure directly caused your injury.
• You suffered actual damages.

To prove a case has a “reasonable and meritorious basis,” Illinois requires a Certificate of Merit to be attached directly to the initial lawsuit paperwork.

What Is NOT Medical Malpractice?

Not every medical error or bad outcome is considered malpractice.

Common scenarios that do not constitute malpractice or medical negligence include:

• A bad outcome that is not the result of a medical error
• When a known risk of a medical procedure occurs
• If a patient does not follow medical advice or withholds information
• Minor injuries that do not result in significant harm

Common Types of Injuries from Medical Malpractice in Des Plaines

Common injuries that can lead to a successful Illinois medical malpractice claim include brain injury, paralysis, infections, organ damage, chronic pain, disfigurement, loss of a limb, psychological trauma, birth injuries resulting from negligence during delivery, and wrongful death under the Illinois Wrongful Death Act.

Do I Need a Medical Malpractice Attorney for a Claim?

An experienced medical malpractice attorney can help injured patients who are considering filing a claim for medical negligence. These types of cases can be complex and require extensive knowledge of both medical and legal matters. Your lawyer can provide experienced legal representation, consult qualified medical experts, identify all liable parties in a case, negotiate with insurers for fair compensation, gather medical records, and help you pursue fair compensation. They ensure compliance with Illinois’ affidavit of merit requirement.

Can I Receive Compensation for Medical Malpractice?

Following a ruling by the Illinois Supreme Court, Illinois does not impose a cap on damages in medical malpractice cases. Injured patients may be able to pursue compensation for:

• Medical bills (for current and future medical needs)
• Mental suffering—Illinois allows recovery for pain and suffering damages
• Emotional distress
• Rehabilitation costs
• Counseling for mental health
• Disfigurement and disability
• Lost wages, benefits, or lost income potential
• Diminished life quality
• Punitive damages (in rare cases)

If a family member died due to a negligent healthcare professional, a personal representative may be able to recover compensation for funeral and burial costs and financial support for the surviving spouse or children.

Can I Recover Malpractice Compensation If I Had a Preexisting Condition?

Yes, you often can. If a doctor or other medical provider was negligent and your preexisting condition worsened, you may still be entitled to compensation.

What Is My Illinois Medical Malpractice Case Worth?

Determining the value of a medical malpractice case requires a complete evaluation of all the unique details. A Des Plaines medical malpractice attorney will analyze various factors, such as the severity of your injuries, the impact on your life (like lost income), and your need for future medical care.

How Long Do I Have to File a Medical Malpractice Lawsuit?

Generally, under the statute of limitations, Illinois law requires you to file within two years—minors have up to eight years to file a claim—and for medical malpractice cases, a four-year limit applies from the date of the act or omission. Missing the filing deadline can result in losing your case, and an affidavit of merit is required before filing a lawsuit.

Contact a Des Plaines Medical Malpractice Accident Lawyer Today

If you’re a medical malpractice victim in Cook County, you deserve answers. Our personal injury lawyers will help you seek compensation. Contact us today for a free consultation and let us help you recover economic damages and non-economic damages. We provide legal representation on a contingency fee basis, so you have no upfront legal charges.