Entrusting our lives to medical professionals charged with providing us with quality health care is a serious decision that neither patients nor health care providers take lightly. Still, despite the best intentions, medical errors due to negligence can happen. This can leave patients to suffer injuries that add to their pain and discomfort. Sometimes, patients do not survive the fatal injuries they suffered.
In many cases, a patient’s bills multiply, as more care must be administered to address or reverse a medical mistake. Further treatment can mean the difference between earning an income or not, as some people will have to take time off work to recover from their wounds at home.
If you or a loved one suffered an injury or illness due to medical care that fell short because of a health professional’s error or negligence, a Markham medical malpractice lawyer with The Kryder Law Group, LLC can help you seek financial recovery for your injuries and losses. To hold the liable providers responsible, seek help from our dedicated team of personal injury attorneys.
Common Medical Errors in Markham
Medical errors go beyond receiving an unsatisfactory bedside manner from a doctor, nurse, or hospital. In many cases, they involve complicated scenarios such as:
- Diagnosing a patient with the wrong illness
- Delaying a diagnosis that worsens the patient’s condition
- Leaving surgical instruments inside a patient
- Operating on the wrong patient
- Operating on the wrong body part of a patient
- Giving a patient the wrong medications or the wrong dosage of medications
- Falling short on medical care, leading to the patient getting an infection or illness
- Injuries that can occur before or during childbirth or after delivery
If you are unsure if your situation constitutes medical malpractice, consult with a Markham medical malpractice attorney at our firm who can review your situation and advise you further.
Our seasoned team of legal professionals understand the complexities of medical malpractice law in Illinois and want to protect your rights so that you can pursue the compensation you are due. You should not have to shoulder the financial burden of medical mistakes that you did not cause.
We understand that patients recovering from painful medical procedures are focused on their recovery and may not have the time or legal background to understand what a medical malpractice case entails. Some people opt to work with an attorney who can help them manage their cases.
Establishing Liability in a Medical Malpractice Case
Before you can pursue legal action to hold liable parties responsible for an injury, illness, or death due to medical malpractice, your case must satisfy four conditions. They are:
Duty of Care
You must prove the medical professional who handled your treatment owed you a duty of care. Your doctor-patient relationship with the health care provider satisfies this condition.
Breach of Duty
You must prove the health care provider did not meet the standard of care or skill that one could reasonably expect from a medical professional who practices the same specialty.
You or your attorney must prove that the medical professional’s breach of duty caused your injury.
You must prove that you suffered financial and/or emotional damages due to the breach that directly caused your injury or made an existing injury worse.
An attorney can help you build a case that proves these elements. They can help you gather evidence, such as your medical records, documentation of the procedures or treatments you had done, and the results of those treatments. They can examine any photos or video footage of your injuries and interview expert witnesses who can give a statement about your condition.
Collecting Damages in a Medical Malpractice Case
You may be awarded economic and non-economic damages in your medical malpractice case. Economic damages, which can be proven with a dollar amount, include:
- Medical bills for past and ongoing care (including emergency hospital care, corrective care)
- Lost wages and benefits (including future earnings)
- Household services
- Home health aide services
You also may be awarded non-economic damages, which do not have a dollar amount, and therefore, can be challenging to establish. An attorney can help you determine what you could ask for and calculate the value of these intangible losses, which include:
- Mental anguish
- Pain and suffering
- Loss of life enjoyment
- Loss of consortium and/or partnership
If you lost a loved one due to medical malpractice, you might be able to file a wrongful death lawsuit. Speak with an attorney who can advise you regarding proceeding with legal action on behalf of your loved one.
There are time limits for medical malpractice cases, so you may want to seek action as soon as possible. Illinois generally allows two years to file a medical malpractice case, but not more than four years, per 735 ILCS 5/13-212. If you are pursuing a wrongful death lawsuit, you also have two years, per 740 ILCS 180/2.
A medical malpractice lawyer in Markham will need time to build a case for you to support your losses and compensation, so the sooner you start, the more time your lawyer will have to work on the best legal strategy for you.
Call a Markham Medical Malpractice Attorney for a Free Consultation
Patients who suffered injuries and other losses due to a medical professional’s negligence can partner with a Markham medical malpractice lawyer who can protect their legal rights and pursue financial recovery for the harms suffered. Call The Kryder Law Group, LLC today to get started on your case.