Illinois Medical Malpractice Overview | The Basics Of Medical Malpractice Claims In Illinois. Learn About Medical Malpractice Lawsuits and Settlements and Connect With Medical Malpractice Attorneys and Lawyers.
What is Medical Malpractice?
Medical malpractice is a type of personal injury case or tort case where a doctor, hospital or other healthcare provider does something or fails to do something (i.e., acts negligently) in connection with the performance of their medical duties in violation of the governing standard of care when treating a patient, resulting in the patient suffering a medical malpractice injury or death.
According to medical malpractice researchers, preventable medical errors or medical negligence cause hundreds of thousands of deaths and serious injuries every year, and possibly millions of other types of medical related injuries.
What Are The Different Types of Medical Malpractice Claims That Can Be Asserted On Behalf of An Injured Patient?
There are many types of medical malpractice cases, including the misdiagnosis of diseases, the failure to diagnose diseases, the delayed diagnosis of a disease, the failure to treat a medical ailement, a mistreatment of a medical condition, surgical errors or surgery mistakes, medication and prescripton drug errors, anesthesia mistakes, a lack of informed consent or failure to warn of known risks, birth injury or childbirth injuries, misread x-rays, ultrasounds and slides, among others.
What Elements Must Be Shown To Recover On An Illinois Medical Malpractice Claim?
To recover on a medical malpractice claim in Illinois, like any negligence claim, a plaintiff must show that a duty was owed to the plaintiff by defendant (such as that arising out of the doctor patient relationship) to deliver healthcare in accordance with the standard of care in the medical community (e.g., did healthcare provider possess knowledge and use the skill and care ordinarily used by a reasonably well-qualified medical professional in the same or similar circumstances), that the defendant breached that duty (i.e., the doctor or healthcare provider deviated from the standard of care), which proximately caused injury or damage to the patient.
Who May Be Liable For Medical Malpractice?
Generally speaking, nearly any doctor, physician, medical professional, hospital or other healthcare provider who acted negligently resulting in injury or death to a patient may be sued for medical malpractice and potentially subject to medical malpractice liability. Find out what kind of Illinois medical & health care providers are potentially being investigated for medical malpractice lawsuits and settlements.
What Can I Recover In An Illinois Medical Malpractice Lawsuit or Illinois Medical Malpractice Settlement?
If a medical malpractice claim is successful, whether by an Illinois medical malpractice lawsuit jury trial or Illinois medical malpractice settlement, it can result in the recovery of money (yes, that’s really the only way the justice system can compensate patients and loved ones who have been injured from medical malpractice), possibly to the tune of hundreds of thousands of dollars or even millions of dollars. Of course, there is no guarantee that any medical malpractice claim will be successful or result in any money.
What Kind of Damages Are Recoverable in a Medical Malpractice Case?
Medical malpractice damages may potentially include, for example, past and future medical expenses and medical care costs, loss of earnings capacity, loss of income, past and future pain and suffering, out of pocket medical expenses, past and future disability, disfigurement or loss of function. Damages are sometime characterized as economic damage (lost wages or medical bills) and non-economic damage (pain and suffering).
How Much Does It Cost To Hire An Attorney or Lawyer To Bring A Medical Malpractice Case?
Medical malpractice cases, like other personal injury cases, are typically handled by medical malpractice attorneys and medical malpractice lawyers on what is known as a “contingent” basis or “contingency” (i.e., the lawyers don’t get paid unless they win). Typically, what this means is that the medical malpractice attorney will not charge any up front or hourly fees and will basically handle the case for free, unless and until the case results in a recovery. If the medical malpractice lawsuit or settlement is successful and results in a recovery, the medical malpractice lawyer typically will get paid a percentage of the recovery (usually one third or 1/3 of the medical malpractice recovery, or less). If there is no recovery, the medical malpractice attorney does not get paid.
How Can I Find An Illinois Medical Malpractice Attorney or Medical Malpractice Lawyer?
A team of Illinois medical malpractice lawyers and Illinois medical malpractice attorneys is investigating medical malpractice claims of individuals and families who have suffered serious personal injuries or death in Illinois as a result of the medical malpractice of an Illinois doctor, physician, hospital or other healthcare provider or medical care professional.
A Step-by-Step Guide To Medical Malpractice Cases In Illinois
If you are seeking additional information on how medical malpractice cases actually work, visit our Step-by-Step Guide to Medical Malpractice Cases where we take you through the entire medical malpractice lawsuit process — from deciding whether to bring a medical malpractice suit and what your medical malpractice claims may be, to filing a medical malpractice complaint, to litigating the medical malpractice case through trial or negotiating a settlement, to the final judgment of the court.
Medical Malpractice Frequently Asked Questions FAQs
You can also find answers to some of the medical malpractice questions that are commonly asked in our Frequently Asked Medical Malpractice Questions FAQs.
If You Were Injured Or A Loved One Died From Medical Malpractice, Contact An Illinois Medical Malpractice Attorney or Lawyer To See If You May Be Entitled To Compensation From An Illinois Medical Malpractice Lawsuit or Settlement.
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