At The Kryder Law Group, LLC, Accident and Injury Lawyers, we understand the physical and emotional trauma associated with medical malpractice. Our Orland Park Medical Malpractice Lawyers are well-versed in Illinois law and are committed to fighting for the rights and compensation of individuals who have been wrongfully injured by professionals in the healthcare industry.
In this Article
What Is Medical Malpractice?
In Illinois, medical malpractice occurs when a medical professional, through an act of omission or medical negligence, causes injury or wrongful death to a patient. This negligence might be the result of errors in diagnosis, treatment, aftercare, or health management.
What Is NOT Medical Malpractice?
Medical malpractice does not encompass all unfavorable outcomes in healthcare. If the standard of care was followed and the outcome was still undesirable, this is not considered malpractice.
For example, if a surgeon performed a procedure correctly following all standard procedures, but the patient still experienced unexpected complications or did not fully recover, this is likely not considered medical malpractice.
What Illinois Laws Apply to Medical Malpractice Cases?
In Illinois, the statute that applies to medical malpractice claims is the Illinois Medical Practice Act. This legislation governs the licensing and discipline of doctors, and provides the legal framework for medical malpractice cases.
When filing a medical malpractice lawsuit in Illinois, time is crucial. The statute of limitations generally allows two years from the date the patient became aware, or should have reasonably known, about the injury.
However, there is also a four-year limit from the negligent act, regardless of when the injury is discovered. Consult a medical malpractice lawyer to understand your rights and deadlines, as there are exceptions, especially for minors and individuals with disabilities.
Common Types of Medical Malpractice Cases in Orland Park
An Orland Park medical malpractice lawyer represents victims in a variety of medical malpractice cases, including surgical errors, misdiagnoses, delayed diagnoses, medication errors, anesthesia errors, childbirth injuries, medical treatment for hospital-acquired infections, and other medical mistakes.
Our team of experienced medical malpractice attorneys will meticulously investigate your case, consult medical experts if needed, and build a strong legal strategy to demand accountability and compensation for the harm you have endured.
Common Types of Injuries from Medical Malpractice
Medical errors or malpractice can result in various types of injuries. Here are three of the most common ones:
Surgical Complications: These are problems arising from surgical mistakes, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing damage to nearby organs.
Medication Errors: This involves prescribing or administering the wrong medication or the incorrect dosage, potentially leading to severe side effects, allergic reactions, or worsening of the patient’s condition.
Birth Injuries: These are injuries sustained by the baby during childbirth due to negligent medical care, potentially resulting in conditions like cerebral palsy.
What to Do If You Suspect Medical Malpractice
If you suspect that you or a loved one has been a victim of medical malpractice, it’s vital to act promptly. First, seek immediate medical attention to address any health concerns. Document all interactions with healthcare providers and save all medical records and related documents. Finally, consult a trusted Orland Park medical malpractice lawyer at the law firm of The Kryder Law Group, LLC Accident and Injury Lawyers to understand your legal rights and explore a potential legal process to pursue compensation.
How Does a Personal Injury Lawyer Prove Malpractice?
In order to file a valid medical malpractice claim against a medical professional, a personal injury attorney must establish four key elements.
Duty of Care: This refers to the legal obligation imposed on healthcare providers to adhere to a certain standard of conduct while treating patients, which is typically defined by the standard of care in the medical community.
Breach of Duty: This element implies that the healthcare provider failed to meet the established duty of care, thereby deviating from the accepted standard of medical practice.
Causation: This is the link between the breach of duty and the harm suffered by the patient. The plaintiff must prove that the provider’s negligent action or omission directly caused the injury.
Damages: This element refers to the actual harm or injury — physical, emotional, or financial — suffered by the patient due to the healthcare provider’s negligence. This may include medical expenses, loss of income, pain and suffering, among others.
What Is the Most Common Medical Malpractice Lawsuit in Illinois?
According to the American Medical Association, the most common medical malpractice lawsuit in Illinois is for medical error, misdiagnosis, or delayed diagnosis.
How Can a Personal Injury Lawyer Help My Medical Malpractice Injury Claim?
A personal injury law firm typically offers the following services:
Case Evaluation: An initial assessment to determine the viability and potential value of your medical malpractice case.
Investigation and Evidence Collection: Thorough case investigation and evidence gathering to substantiate your claim.
Negotiation with Insurance Companies: Skilled negotiation to secure fair compensation from insurance providers.
Representation in Court: Advocacy and legal representation during a trial should one become necessary.
Types of Compensation for Medical Malpractice Victims
Victims of medical medical negligence or malpractice in Orland Park may be eligible to receive different types of compensation, including economic and non-economic damages. Economic damages refer to quantifiable financial losses such as medical expenses, future care costs, and lost wages due to inability to work. Non-economic damages cover intangible losses like pain, suffering, and emotional distress.
What Is My Case Worth?
The value of a medical malpractice case varies based on several key factors. These include the severity and permanence of your injury, the extent of negligence involved, the economic damages (such as medical bills and lost wages) you incurred, and the impact of the injury on your quality of life.
Each case is unique, and a comprehensive evaluation by an experienced medical malpractice attorney or personal injury attorney can provide a more precise assessment of its worth.
Does Illinois have a Cap on Damages in Medical Malpractice Lawsuits?
No, Illinois does not have a cap on damages in medical malpractice lawsuits for medical negligence.
Contact a Orland Park Medical Malpractice Accident Lawyer Today
If you believe you’ve been a victim of medical malpractice, don’t hesitate to reach out to The Kryder Law Group, LLC Accident and Injury Lawyers, serving Orland Park. During our free consultation, we will thoroughly review your case, help you understand your legal options, and explain our contingency fee structure. Remember, you don’t pay a penny until we win. Contact us today.