Chicago Medical Malpractice Lawyers

Chicago Medical Malpractice, Injuries & Damages

Medical errors occur for many reasons and not every complication is an example of malpractice. But when negligent doctors, nurses, and staff are to blame you need to act fast. Sometimes establishing responsibility is obvious. Other times, it takes an investigation to confirm malpractice caused you harm.

We Handle a Wide Range of Med Mal Claims

The Chicago medical malpractice attorneys at Staver have been helping people recover physically and financially for over 20 years. In that time, we’ve secured millions and gained incredible insight into how to handle virtually any scenario.

Here are some examples of medical negligence that might lead to an insurance claim or lawsuit:

• Failure to diagnose
• Misdiagnosis
• Misreading or ignoring lab results
• Unnecessary surgery
• Surgical errors
• Improper medication or dosage
• Poor follow-up care
• Premature discharge
• Disregarding or inappropriate patient history
• Failure to properly test
• Failure to recognize symptoms

Medical Malpractice: Damages & Losses

When someone else is responsible for your injuries or the death of your loved one due to medical malpractice, you have the right to be compensated. A fair and full medical malpractice settlement should consider how your life has been affected, and include all of your economic and non-economic damages.

Economic damages in medical negligence claim can easily be proven with documentation such as pay stubs, bank statements, and other financial records. Economic malpracrtice losses include:

• Lost wages
• Funeral costs in a wrongful death
• Diminished earning capacity
• Childcare expenses
• Household maintenance fees
• Medical expenses

Non-economic damages after a preventable medical error are harder to value, but should be considered:

• Loss of consortium
• Diminished quality of life
• Physical pain and suffering
• Mental anguish
• Reputational damage
• Disfigurement and scarring

Punitive damages are also available in medical negligence lawsuits, but only is egregious situations.

Medical Malpractice Negligence, Fault, & Liability

Medical malpractice claims in Chicago are based on negligence. This means that a medical professional or some other party acted unreasonably or failed to act and caused you else harm.

Who’s Liable for Medical Malpractice in Chicago?

In a medical malpractice case, parties commonly held liable are institutions such as clinics, hospitals, nursing homes, Health Maintenance Organizations (HMO), and anyone defined as a ‘healthcare professional’ such as a physician or a dentist. Liability in Medical Malpractice Lawsuits

Medical Malpractice & Standard of Care

‘Standard of Care’ looks at a professional’s medical decisions and compares them to what professionals with the same skill level, abilities, and level of knowledge would have done in similar circumstances. Medical Standard of Care

Causation in Med Mal Cases

Causation is one area in which it’s important to understand how Illinois law differs from other states. In some states, a plaintiff must prove that proper treatment would have led to a better result. In Chicago, a plaintiff only needs to demonstrate that the defendant’s care was the proximate cause of the injury. A preponderance of the evidence must prove this.

Time Limits, Medical Malpractice Insurance & Defenses

A medical malpractice claim in Chicago can get complicated fast. Insurance companies and hospitals will quickly diminish your injuries, suggest that you knew the risks, and use stall tactics so you accept less than you deserve.

Statutes of Limitations for Medical Negligence

In Illinois, the statute of limitations for a medical malpractice case is two years from the date you became aware of the negligent action. Regardless of when you become aware of the negligent care, you cannot file a case more than four years from the alleged malpractice.

Statutory Requirements in Medical Malpractice Cases

The Role of Malpractice Insurance

When people suspect a medical error, they usually ask if they should pursue legal action against the negligent doctor, nurse, or facility in question. In most cases, claims and lawsuits are filed against the individual’s malpractice insurance carrier, although there are exceptions.

The insurance company’s goal is to limit its expenses and protect its shareholders. And they will use a number of underhanded and ethically ambiguous tricks to weaken your case and prevent you from collecting a fair settlement.

Medical Malpractice Insurance Issues

• Implying that your lawsuit is frivolous simply because you have an attorney or suggesting that having an attorney harms the healthcare industry; this puts you on the defensive and takes your focus off of your claim.
• Forced arbitration or mediation for an HMO dispute; many patients do not know that they have agreed to this until they have a lawyer review their insurance paperwork
• Downplaying the severity of your injury
• Refusing to answer calls or acknowledge receipt of documentation and paperwork

Why Are Chicago Malpractice Claims Denied?

If you’re considering a medical malpractice claim, there are several things you should consider and discuss with an attorney because not every medical mistake is an example of malpractice.

For example, insurance or the individual in question might not be held liable if you refused medical treatment on religious grounds, suffered typical complications to a procedure, or refused to follow a doctor’s recommendations following a procedure.

Defenses in Chicago Medical Malpractice Cases

If you’re considering hiring a Chicago attorney for medical malpractice, there are a number of defenses you should first consider that are available to doctors, other professionals, and institutions. For example, they might not be held liable if you refused medical treatment on religious grounds, or refused to follow a doctor’s recommendations following a procedure.