At the law firm The Kryder Law Group, LLC Accident and Injury Lawyers, we are dedicated to seeking justice for victims of medical malpractice in Romeoville and throughout Illinois. Each seasoned personal injury attorney on our team provides legal counsel based on years of experience and in-depth knowledge of personal injury law; we will defend your rights, navigate the complexities of the legal system for you, and pursue fair compensation on your behalf. We are committed to holding negligent healthcare providers accountable, helping you regain your life after a serious injury.
In this Article
What Is Medical Malpractice?
Medical malpractice cases under Illinois law are personal injury negligence claims brought against a healthcare provider who, through a negligent act or omission, deviated from the accepted standards of practice in the medical community, resulting in patient injury or death.
How Can Medical Malpractice Be Proved?
Personal injury attorneys prove medical malpractice by establishing four key elements: duty, breach, causation, and harm. The healthcare provider must have had a duty of care towards the patient, breached that duty through negligent action or omission, and this breach must have directly caused the patient’s injury.
What Is NOT Medical Malpractice?
Not every medical outcome that’s unsatisfactory constitutes malpractice. Unfavorable results, even if unexpected or tragic, are not always indicative of negligence. A successful medical treatment isn’t guaranteed and medical malpractice only occurs when substandard care directly leads to harm or injury to the patient.
An example would be a patient having an adverse reaction to a correctly administered drug due to an undisclosed allergy. This would not be considered malpractice as no negligence is involved.
Common Types of Medical Malpractice Cases in Romeoville, IL
Medical malpractice cases can arise from a variety of different circumstances and vary in severity. The most common types of medical malpractice cases we see in our law firm include:
Birth Injuries: Harm to mother or child during childbirth.
Misdiagnosis: Incorrect identification of patient’s health condition.
Delayed Diagnosis: Late discovery of patient’s illness.
Surgical Errors: Mistakes made during surgical procedures.
Medication Errors: Wrong prescription or dosage administered.
Anesthesia Errors: Incorrect administration or use of anesthesia.
Nursing home abuse or neglect: Harm caused by caregivers.
What to Do If You Suspect Medical Malpractice
If you believe you have a personal injury claim, follow these steps:
Seek Immediate Medical Attention: Your health is paramount. Seek immediate care to prevent further harm.
Document Your Experience: Keep a detailed record of your medical journey and potential malpractice.
Do Not Speak with Insurance Companies: They may attempt to minimize their liability in your case.
Contact a Medical Malpractice Lawyer: A personal injury lawyer can protect your rights and guide you through the legal process.
Preserve Evidence: This includes medical records, receipts, and any other related documents.
Common Types of Injuries from Medical Malpractice in Romeoville, IL
The most common injuries resulting in personal injury claims from medical malpractice are serious, painful injuries that may be permanent and disabling. They include:
Spinal cord injury (SCI) is damage to the spinal cord impacting mobility.
Brain damage causing impairment in brain function or structure.
Paralysis is loss of muscle function, often widespread.
Burns and scarring to skin from heat, chemicals, or electricity.
Amputation or loss of limb function can be partial or complete removal of a limb.
Birth injuries and birth defects including abnormalities present at birth, affecting health.
Illinois Statute of Limitations on Medical Malpractice Claims
According to the Illinois statute of limitations for personal injury claims, including those for medical malpractice, you have two years from the date personal injury victims discovered, or reasonably should have discovered the injury to file a lawsuit (735 ILCS 5/13-202).
Consequences of Late Filing
If you attempt to file a lawsuit after the statute of limitations has expired, your claim will likely be dismissed by the court. This means you would lose your right to pursue compensation for your injuries, medical bills, lost wages, and other damages. Therefore, it is crucial to contact an experienced personal injury lawyer promptly if you suspect medical malpractice.
What Type of Compensation Is Available to Victims of Medical Malpractice?
Medical malpractice victims may be eligible for financial compensation to cover medical bills and lost wages and more. Our legal team can help you understand what type of economic and non-economic damages you might be entitled to after a medical malpractice incident in Romeoville, IL.
What are economic and non-economic damages?
Economic damages refer to tangible losses such as medical bills and lost wages due to the inability to work. Non-economic damages, while intangible, are equally impactful. They compensate for pain, suffering, emotional trauma, and loss of enjoyment of life, among other less quantifiable effects of the personal injury claim. Both types of damages play a vital role in the total compensation a victim may be awarded in a medical malpractice case.
Do I Need a Lawyer for a Medical Malpractice Injury Claim?
Yes, you absolutely need a Romeoville personal injury lawyer, for a medical malpractice injury claim. Navigating the legalities of such claims can be complex and requires specific knowledge of the law. Our experienced lawyers at The Kryder Law Group, LLC Accident and Injury Lawyers can guide you through each step, identifying negligent parties, negotiating with the insurance company, and working diligently for the compensation you deserve while ensuring your rights are protected throughout the process.
What Is My Case Worth?
The worth of your personal injury case is determined by several factors, including the severity of your injuries, the extent of another person’s negligence, your past and future medical expenses, loss of income, and the emotional distress you’ve endured.
Contact a Romeoville, IL Medical Malpractice Accident Lawyer Today
If you or a loved one has been a victim of medical malpractice, you shouldn’t let financial concerns stand in the way of seeking justice. At The Kryder Law Group, LLC Accident and Injury Lawyers, we understand the emotional and financial toll that such incidents in personal injury cases can take on victims. Our dedicated team of medical malpractice lawyers is passionate about providing high-quality legal representation to all, regardless of their financial situation.
We work on a contingency basis, meaning you don’t pay us any legal fees unless we win financial recovery on your behalf. We believe in the strength of your case and are prepared to invest our resources into ensuring you receive the justice you deserve. Don’t let the fear of affordability prevent you from taking action. Contact us today for a free consultation.