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Medical Malpractice

Chicago Medical Malpractice Lawyer

Representing Victims of Medical Negligence for Decades

When you seek medical care for yourself or a loved one, you are entrusting that care with healthcare professionals who are trained to provide the best treatment possible. However, things can go wrong in this care plan, and it can result in severe injury, permanent disability, or even death. This is referred to as medical malpractice.

At Walner Law®, our Chicago medical malpractice lawyers understand the physical, emotional, and financial hardship that survivors of malpractice endure. If you are feeling like you’re without a solution after a medical error, let us be your strength. We will work hard to help you get fair compensation for your medical provider’s mistakes. Our team is here to uplift you, be your voice, and pursue all that you are owed on your behalf.

When you work with us, you are never alone. Call (312) 410-8496 now.

Types of Medical Malpractice

Medical malpractice can happen in any type of healthcare setting, from large hospitals to small medical clinics. It’s also not restricted to medical mistakes by doctors and nurses. Dentists, psychiatrists, obstetricians, pharmacists, and all in between are obligated to provide you and your family members with adequate and safe medical care. If they fail to adhere to strict and accepted medical standards, then they put patients at risk of further injury or suffering. That’s where a Chicago medical malpractice lawyer comes in to protect your rights. 

Some common types of medical malpractice include:

Why is it important to pursue a medical malpractice claim?

When you first discover that medical malpractice has occurred, you might become overwhelmed and devastated. You may not fully realize the long-term expenses and losses that you and your loved ones will have to face. Depending on the severity of the medical error, you or your family member may require expensive medical treatments over time. You may even be forced to rely on other healthcare services if you’re left with a permanent disability. In severe cases, life can be lost because of negligence.

No amount of money can replace that lost loved one or restore normalcy in your life. However, financial compensation from a medical malpractice lawsuit or settlement can help cover medical expenses and other lost finances brought on by this serious injury.

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Illinois Statute of Limitations For Medical Negligence

Every state has a “statute of limitations” in which a medical malpractice lawsuit may be filed. Medical malpractice claims must be filed within two years following when the patient knew or reasonably should have known, of the medical provider’s negligence relating to their condition. 

When the impact of medical malpractice is not immediately realized, claims may be filed after the expiration of the two-year deadline but not longer than four years after the incident. In cases of medical malpractice in which the victim is a child, the statute of limitations is eight years. However, claims cannot be filed after the victim turns 22.

Chicago Medical Malpractice Lawyers You Can Depend On

As your legal team, we’ll work tirelessly to get you the most deserved compensation possible for your pain and suffering. You should know that medical malpractice cases are notoriously more difficult to prove than other personal injury cases and, therefore, more difficult to win. 

Medical providers are shielded by significant legal protections and industry regulations allowing them to use their discretion during a medical procedure or treatment without fear of immediate consequences. We know the system is against us, but we’ve done it times before and we will do it for you. 

We won’t give up the fight to get you the justice you deserve. With our decades of experience, we know how to prove medical negligence and protect our clients from the poor choices of once-trusted medical professionals. 

Establishing Medical Negligence

These four prerequisites must be proven:

  1. Professional Duty to The Patient

    A doctor-patient relationship is established when a patient and a medical provider are familiar with one another and trust has been created that the medical provider has a duty to the patient with giving the best care possible. In most cases of emergency or temporary care, a professional duty cannot be expected. 

  2. Breach of Professional Duty

    Any deviation from a well-established standard of acceptable care in the medical world can be considered a breach of their professional duty. What a medical provider should and should not reasonably do to treat a patient can be argued in a court of law. Your injury must have been caused by an action or decision made by your trusted healthcare provider that is not standard in similar situations.

  3. Injury Caused by the Breach

    The injury you have suffered must have been directly related to the poor choice or action from the trusted healthcare professional. Because of their medical negligence to your situation, your situation worsened. The worsening of an existing injury or illness due to the deviation from acceptable health care is also included in this. 

  4. Resulting Damages

    Lastly, your injury or illness caused by medical negligence must have caused you to suffer real damages, such as further medical costs, lost wages, or pain and suffering. Other than financial damages, changes in quality of life and emotional damage can be included in the compensatory damages as well. 

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Hire a Chicago Medical Malpractice Lawyer Today

Medical malpractice laws are complex. They involve a deep analysis of medical records from test results to the documentation of visits to a doctor’s office to prove the medical malpractice claim holds weight. This is why it is important to consult a qualified Chicago medical malpractice lawyer who has a clear understanding of this complex field.

Holding negligent health care professionals and facilities responsible for their actions must be done if you want to pursue fair compensation and a sense of closure.

If you or a family member has been injured as a result of medical negligence, please call (312) 410-8496 for a FREE consultation.

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Medical Malpractice FAQs

Let Your Questions Be Ours to Answer

Medical malpractice is any negligent act by a health care provider that results in the injury of a patient. It can occur at any instance during the medical treatment process. This could be treatment, lack of treatment, or an intentional malicious act. Examples of medical malpractice range from a late diagnosis to failure to perform necessary follow-up care. Cases of medical malpractice are not always obvious to someone outside the healthcare field, so it is important that you have your case examined by medical experts to determine whether you have been the victim of this type of malpractice.

Go with your instincts. If your doctor says that you are fine, but you do not feel fine, make an appointment with another physician. As you are listening to how your body feels, document your symptoms and educate yourself on what might be happening. Write everything down that your health care provider says, or have a loved one document what they’re saying. If your care provider opts against certain testing, treatment, or specialist care, have them write down their reason for denial. This could help in the event of a potential claim to show negligence on their part.

A number of medical practitioners can be held responsible for your personal injury. In many cases, medical malpractice is due to the negligence of doctors, nurses, and other medical staff. However, it is possible that a third party could be responsible for your injuries. In cases of diagnostic testing errors, for example, it’s possible that a diagnostic testing company or the company that manufactured the testing equipment is liable.

Medical malpractice could be the result of systematic errors within a healthcare organization, rather than the personal responsibility of an individual doctor or nurse. Other staffers, such as an anesthesiologist in the operating room, could also be held liable for failing to provide proper care. Hospitals and other treatment facilities are responsible for ensuring their employees are properly trained on their jobs and given the right equipment. When these resources aren’t provided and injury results, hospital administration could be liable.

Many of the mistakes made by medical professionals fall into the following categories:

  • Failure to obtain clear permission before operating;
  • Failure to anticipate any unforeseen problems;
  • A delayed diagnosis
  • Misdiagnosis or failure to diagnose;
  • Incorrect implementation of the operation
  • Medication errors

At Walner Law®, our Chicago medical malpractice lawyers will work hard to help you recover from the impact of health care negligence. We understand what goes into getting a payout on a medical malpractice claim and are prepared to apply our experience to your malpractice case. We can evaluate the details of your case to determine the cause of your injuries, the damages that resulted, and who is liable. Once we understand the circumstances of your case, we can begin the process of pursuing maximum compensation.

Medical negligence can contribute to significant financial and non-economic damages. Medical bills often constitute the majority of these massive expenses. However, additional financial damages may include travel expenses for treatment or costs stemming from loss of income with you or a loved one out of work. If medical malpractice results in wrongful death, the victim’s family will be responsible for paying funeral and burial expenses. Non-economic damages include the non-tangible “costs” that are caused by negligence such as pain and suffering, loss of enjoyment of life, relationship strain, and other hardships. It is possible to recover financial compensation for all of these damages through a medical malpractice claim.

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