At The Kryder Law Group LLC, Accident and Injury Lawyers we understand that medical malpractice incidents in Woodridge can lead to severe physical, emotional, and financial consequences. As experienced personal injury attorneys, we believe in your right to receive proper medical care and to hold accountable any medical professional who causes harm or who has injured you through negligence.
Our law firm is here to provide you with the legal assistance you need to navigate the complexities of medical malpractice claims in Illinois. Our committed team works tirelessly helping clients fight for their rights, with the ultimate goal of ensuring they receive the rightful compensation for pain, suffering, and expenses that arose from medical negligence.
In this Article
What Is Medical Malpractice?
Medical malpractice according to Illinois law (735 ILCS 5/2-622) is defined as a situation where doctors or other healthcare professionals breach their duty of care, leading to the injury, illness, or death of a patient. This occurs when the treatment provided falls below the accepted standard of practice in the medical community.
How Can I Prove Medical Malpractice in Illinois?
To prove medical malpractice in Illinois, you must show the healthcare provider’s duty of care, a breach of that duty, and that the breach directly caused your injury, leading to damages. Expert testimony is often required to demonstrate these elements.
What Is NOT Medical Malpractice?
Not every negative outcome from medical treatment or advice qualifies as a medical error or malpractice. Unfavorable results can occur despite the highest level of care. A case is not malpractice if the medical professional followed standard procedures but the patient didn’t get the desired or expected results. Furthermore, if an error occurred but didn’t result in harm or injury, it’s not considered malpractice. Each case is unique, so it is wise to consult with an Illinois personal injury lawyer to discuss your situation.
Common Types of Medical Malpractice Cases in Woodridge
The medical malpractice lawyers in our law firm have encountered various types of medical negligence. Here are some common examples:
Misdiagnosis or Delayed Diagnosis: A doctor overlooks significant symptoms, causing harm or leading to wrongful death.
Surgical Errors: A surgeon operates on the wrong body part.
Medication Errors: Doctors’ incorrect dosage leads to severe patient toxicity.
Birth Injuries: Negligence during childbirth causes oxygen deprivation and cerebral palsy.
Anesthesia Errors: Improper anesthesia application results in brain damage.
Failure to Treat: A physician neglects necessary treatment, and patient’s condition worsens.
Hospital Negligence: Poor sanitation in the hospital or emergency room causes a patient to contract sepsis.
Common Types of Injuries from Medical Malpractice
Medical errors can lead to various severe injuries. Here are five common types:
Brain Damage: Injury to the brain affecting cognitive abilities.
Psychological Trauma: Mental distress including Post Traumatic Stress Disorder following an injury event.
Wrongful Death: Death caused by negligent healthcare treatment.
What to Do If You Suspect Medical Malpractice
Document your medical experience: Include each doctor who treated you, detail treatments, symptoms, and outcomes.
Gather all relevant medical records: Include invoices, prescriptions, and reports.
Consult with a medical expert: Get a second opinion, and validate your suspicions before proceeding.
Contact a Medical Malpractice Attorney: Consult with a personal injury lawyer to discuss your individual situation.
Do I Need a Lawyer for a Medical Malpractice Injury Claim?
Yes. To have a successful medical malpractice claim in Illinois, you must prove all the elements of your case, which can be difficult without legal assistance. An experienced personal injury lawyer will assess your individual situation to determine if you have a valid Illinois medical malpractice claim and will guide you through the legal process to obtain justice.
What Will a Medical Malpractice Attorney Do to Help Me?
A medical malpractice lawyer in Woodridge, IL will provide you with the following services:
Investigate your claim: Collect evidence to support your case.
Research relevant laws and statutes: Ensure you are filing within the statute of limitations.
Negotiate with insurance companies: Pursue a settlement from insurers on your behalf.
Represent you in court: If necessary, stand up for your rights in a court of law.
Types of Compensation for Medical Malpractice Victims
Victims of a medical malpractice case in Illinois can pursue several types of compensation:
Medical Expenses: Covers costs of treatments and rehabilitation.
Lost Wages: Reimburses lost income due to disability.
Future Earnings: Compensates potential earnings lost from injuries.
Pain and Suffering: Redress for physical distress and discomfort.
Mental Anguish: Recompense for psychological trauma and stress.
Loss of Consortium: Compensation for loss of companionship/relationship.
Punitive Damages: Monetary penalty for extreme negligence or intentional misconduct.
What If a Victim of Medical Malpractice Dies?
If a medical malpractice victim dies, the representative of their estate can pursue compensation for wrongful death on behalf of the family of the deceased. This includes reimbursement for funeral and burial expenses, as well as any incurred medical bills or lost wages prior to the passing. The estate may also seek damages for loss of companionship, care, and guidance resulting from the death.
Who Can File a Wrongful Death Lawsuit in Illinois?
In Illinois, a wrongful death lawsuit can be filed by the personal representative of the deceased’s estate. This individual could be the executor named in the deceased’s will, or it could be a close family member, such as a spouse, adult child, or parent if no will was left. Decisions regarding this are typically guided by the Illinois Probate Act (Illinois Compiled Statutes, Probate Act of 1975, Section 13-209).
What Is My Case Worth?
The worth of a medical malpractice lawsuit depends on several factors including the severity of injuries suffered (more severe injuries typically warrant higher compensation), anticipated future medical expenses due to injury, impact of the injuries on one’s earning capacity, physical pain and emotional distress endured, and even diminished ability to enjoy life’s pleasures.
Contact a Woodridge Medical Malpractice Accident Lawyer Today
Don’t hesitate to reach out to us at The Kryder Law Group, LLC Accident and Injury Lawyers if you suspect you or a loved one has been the victim of medical malpractice.
Schedule a Free Consultation
We offer free consultations where you can discuss your case with one of our experienced medical malpractice attorneys. Furthermore, we work on a contingency fee basis, meaning you pay no legal fees unless we successfully recover financial compensation on your behalf. We’re committed to working diligently for your rights and helping you navigate through this challenging time. Contact us today to get started.