When you put your health in the care of a medical provider, you expect to be helped and not harmed. Medical mistakes can happen and can tragically result in major damage and even death.
Not everything that goes wrong medically is malpractice. However, if the harm was caused by a medical professional, facility, or company due to negligence, they may be held liable through a medical malpractice lawsuit.
Some examples of medical malpractice are:
- Making an incorrect diagnosis or delayed diagnosis
- Surgical errors, such as leaving medical equipment in a body cavity or operating on the wrong organ
- Making errors in giving anesthesia
- Errors that involve reading or reporting radiology, CT scans, X-rays and other diagnostic tools
- Ignoring test or laboratory results
- Defective medical devices sold by manufacturers, wholesalers, or distributors
If you or a loved one was injured or killed due to medical malpractice, a Springfield medical malpractice lawyer from The Kryder Law Group, LLC, may be able to help you get compensation for your losses.
We provide a free consultation to discuss the circumstances of your case and determine the best way to move forward. There is no attorney’s fee to you unless and until we win compensation for you. Get in touch with one of our committed injury attorneys now.
You May Benefit From Hiring a Medical Malpractice Lawyer
Illinois malpractice law can be complicated and has strict requirements for lawsuits to be considered valid. In addition, although the party you are suing may have medical malpractice insurance, their insurance company may only offer the minimum amount of compensation to cover your current losses. If you accept their initial offer, you might risk not being able to cover future losses. Once you accept an offer, the case is settled, and you cannot request additional compensation.
A Springfield medical malpractice attorney can help you avoid accepting less than what you are entitled to collect. Their legal team may offer the following services:
- Determining if your case is valid: For a valid case, it is not enough to have been harmed. The injury must have been caused by a medical professional’s negligence and failure to adhere to a generally accepted “standard of care” that other medical professionals would use when treating a similar patient under similar circumstances.
- Making sure your case is filed correctly and according to the statute of limitations: According to 735 ILCS 5/13-212, you generally have two years since the date of the injury to file a medical malpractice lawsuit, assuming you discovered the injury right away. However, if you did not discover the injury right away, you have four years from the date it was discovered to file your case.
- Gathering evidence to prove your case: Your legal team may conduct their own investigation to collect and preserve evidence, such as medical reports, photographs and videos, and eyewitness statements.
- Negotiating with insurance companies: Insurance companies may take your case more seriously if you have an attorney.
- Collecting testimonies from expert witnesses: Your team may consult medical experts to determine whether malpractice took place compared to industry standards. This analysis may be used as part of your argument.
- Take your case to court: Your lawyer will argue on your behalf in a court trial if necessary.
It takes time to investigate and build a medical malpractice case, and evidence and witnesses tend to disappear over time. Call The Kryder Law Group, LLC, as soon as you can so that a medical malpractice lawyer in Springfield can begin working on your case right away.
We Can Help You Fight to Receive Awards for Your Losses
In a successful medical malpractice case, you may win awards, known as damages, for your losses. Generally, these awards fall under two categories: compensatory damages and punitive damages.
These damages are intended to compensate for the actual injury and harm you suffered. Compensatory damages can be divided into economic and noneconomic damages.
Economic damages may cover your monetary expenses, such as:
- Medical and hospital bills
- Costs for medical equipment, such as a wheelchair
- Rehabilitation and therapy costs
- Lost wages and future earning capacity.
Noneconomic damages may cover less tangible, nonmonetary losses, such as:
- Pain and suffering
- Mental anguish and emotional distress
- Loss of consortium or companionship
- Physical impairment, disability or disfigurement
In rare cases, you may be entitled to punitive damages. Punitive damages are awarded when the evidence shows that the health care provider acted willfully, wantonly, maliciously, fraudulently, with bad faith, or with a conscious indifference to the potential consequences. The purpose of these damages is to punish the health care provider for their wrongdoing and prevent similar future misconduct.
The award amounts vary according to circumstances and factors, such as:
- The extent, severity, and permanence of your injury
- Whether you will be able to work
- Whether you will need continuing or lifetime care
- Your age, earning capacity, and family situation
- The availability of insurance and personal assets of the defendants
- The individual judge and jury in the case
- The skill of your attorneys
- Whether death was involved
You Must Prove How Negligence Led to Medical Malpractice
Our Springfield medical misconduct attorneys must be able to prove that malpractice existed due to negligence. This means showing that the professional:
- Had a duty of care to adhere to a standard of care and not cause you harm
- Breached that duty by acting negligently and violating the standard of care
- This failure of duty caused your injuries or a death
- You suffered damages as a result
Enlist the Help of a Springfield Medical Malpractice Attorney
At this difficult time, when you or a loved one is trying to recover from the harm received due to medical malpractice, a Springfield medical malpractice lawyer from The Kryder Law Group, LLC, is available to help. We can handle all legal aspects of your case in a timely and professional manner and help you fight for justice. Call us today for a free case evaluation.