The Kryder Law Group, LLC Accident and Injury Lawyers is a personal injury law firm committed to helping victims injured by medical malpractice in Oak Forest, IL. Our experienced attorneys offer personalized legal representation focused on securing full compensation for our clients when they have suffered a serious injury incurred due to another person’s negligence.
In this Article
What Is Medical Malpractice?
Medical malpractice is a legal term referring to situations where a healthcare professional’s negligence results in patient harm or death. This negligence might involve errors in diagnosis, treatment, aftercare, or health management. To be considered malpractice, the care must deviate from accepted standards in the medical community. Illinois Medical malpractice law provides a way for patients to recover compensation for the harms resulting from substandard treatment.
What Is NOT Medical Malpractice?
Just because a patient is unhappy with their medical treatment or results does not necessarily mean malpractice occurred in a personal injury case. For something to be classified as medical malpractice, the healthcare professional’s conduct must fall below the accepted standard of care and directly cause injury or harm.
For example, if a doctor prescribes a medication that causes an adverse reaction, it is not malpractice if this side effect was disclosed, and the prescription was otherwise appropriate.
Common Types of Medical Malpractice Cases in Oak Forest, IL
Birth Injuries: Improper handling of childbirth leading to infant harm such as cerebral palsy.
Medication Errors: Prescribing, transcribing, dispensing, and administration.
Misdiagnosis: Incorrect diagnosis delaying critical treatment and worsening conditions.
Failure to Diagnose: Overlooking symptoms, leading to untreated, progressing diseases.
Surgical Errors: Mistakes during surgery causing unnecessary harm or complications.
Anesthesia Errors: Improper administration of anesthesia causing severe health risks.
Prescription Errors: Incorrect medication prescription leading to adverse health effects.
Hospital Negligence: Insufficient hospital care causing infections, falls, and injuries.
Emergency Room Errors: Hasty decisions leading to improper treatment or harm.
Wrongful Death: Negligence leading to the avoidable death of a patient.
Lack of Informed Consent: Proceeding with procedures without patient’s full understanding.
Nursing Home Abuse: Nursing home abuse refers to harm experienced by elderly residents in long-term care facilities.
Common Types of Injuries from Medical Malpractice
Common injuries resulting from medical malpractice claims include:
Brain Injuries: Caused by surgical errors, lack of oxygen, or severe trauma, often leading to long-term cognitive impairment.
Spinal Cord Injuries: Resulting from surgical errors or misdiagnoses, these can cause paralysis or other severe neurological deficits.
Birth Injuries: Infants may sustain injuries due to mismanaged childbirth, potentially causing lifelong developmental challenges such as Cerebral Palsy.
Medication-Related Injuries: Incorrect prescription or administration of medication can lead to adverse reactions, long-term health issues, or death.
Psychological Injuries: Negligence can cause immense emotional distress, resulting in mental health issues like depression, anxiety, or post-traumatic stress disorder.
What to Do If You Suspect Medical Malpractice
If you suspect medical malpractice, your first step should be to notify the healthcare professional involved. Open communication may resolve the issue or prevent further harm.
Concurrently, contact a knowledgeable Oak Forest, IL medical malpractice lawyer who can guide you through the legal process.
Document all your experiences, including dates, times, and any conversations with medical staff.
You may also need to report the event to the medical board or health department.
How to Contact Illinois Medical Board and Illinois Health Department
If you wish to report a suspected incidence of medical malpractice, you may need to contact the Illinois Medical Board or the Illinois Health Department.
How Does a Personal Injury Lawyer Prove Malpractice?
In order to successfully prove a medical malpractice personal injury claim, a personal injury lawyer needs to demonstrate four key legal elements:
Duty of Care: Establishes the doctor-patient relationship and the doctor’s obligation to provide competent care.
Breach of Duty: Demonstrates that the healthcare provider failed to meet the standard of care.
Injury Caused by Breach: Proves that the patient’s injury or harm was caused directly by the breach of duty.
Damages: Shows that the patient suffered physical, emotional or financial damage as a result of the injury.
Do I Need a Lawyer for a Medical Malpractice Injury Claim?
A medical malpractice attorney undertakes four key tasks:
Case Evaluation: They examine the details of your case to ascertain if a malpractice claim can be pursued.
Evidence Gathering: They collect critical evidence like medical records and witness testimonies to build a strong case.
Settlement Negotiations: They negotiate with the responsible party’s insurance company to procure a fair settlement.
Litigation: If a satisfactory settlement cannot be reached, they’ll present your case in court to seek justice and full compensation.
Types of Compensation for Medical Malpractice Victims
Victims of medical malpractice may be entitled to various forms of financial compensation, encompassing both economic and non-economic damages. This can include reimbursement for medical expenses, lost wages, future earnings, as well as compensation for pain, suffering, and emotional distress.
When pursuing personal injury claims, economic damages pertain to quantifiable monetary losses, such as medical bills and lost wages. On the other hand, non-economic damages for personal injury victims, encompass intangible losses such as pain, suffering, and emotional distress.
What Is My Case Worth?
The worth of your medical malpractice case primarily hinges on three pivotal factors: the severity of your injury, the extent of negligence by the healthcare provider, and the economic and non-economic damages incurred.
Experienced personal injury attorneys consider these elements together to evaluate the potential value of your claim.
Contact an Oak Forest, IL Medical Malpractice Accident Lawyer Today
If you or a loved one has been affected by medical malpractice, don’t hesitate to take action. Reach out to the law offices of The Kryder Law Group, LLC Accident and Injury Lawyers for a free consultation. During this session, we’ll assess your case, explain your legal options, and strategize the best approach to recover maximum compensation for you.
Our dedicated attorneys work on personal injury cases on a contingency fee basis, meaning you won’t pay a dime for our legal services until we secure a victory in your case.