We stand in solidarity with the Ukrainian people and we are hopeful for an expedient path to peace. Our hearts go out to the people of Ukraine, their loved ones, and all of those affected.
logo
a close-up of a person holding a file

Medical Malpractice

Chicago Medical Malpractice Lawyers

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 attorneys 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. On This Page:

When you work with us, you are never alone. Call (312) 313-2888 now.

Types of Medical Malpractice

Medical malpractice can happen in any type of health care setting, from large hospitals to small medical clinics. It’s also not restricted to medical mistakes by doctors and nurses. This can be any medical professional. 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.

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 health care 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.

Play Video about graphical user interface, application, website

Proving Medical Negligence

As your medical malpractice attorney, we’ll work hard to get you the most compensation possible from your case. However, you need to be transparent with us, as medical malpractice cases are 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. However, if you have a valid malpractice claim, we won’t give up the fight to get you the justice you deserve. With our decades of experience, we know how a malpractice case proves beyond a reasonable doubt that medical negligence took place.

To establish medical negligence, four prerequisites must be proven:

  • Doctor-patient relationship: In most cases, you must have a doctor-patient relationship with the medical practitioner who caused your harm. If you were being treated in an emergency situation or just given unofficial medical advice, then you might not have a valid claim.
  • Deviation from acceptable care: There is a well-established standard of acceptable care in the medical world that describes what a medical provider should and should not reasonably do to treat a patient. Your injury must have been caused by an action or decision made by a health care provider that is not standard to similar situations.
  • Actual injury: You must have actually suffered an injury or the worsening of an injury or illness due to the deviation from acceptable health care. Preferably, your injury will be recorded in your medical record for ease of review. Without a recorded injury, your case has nothing to stand on.
  • Actual damages: Lastly, your injury or illness caused by medical malpractice must have caused you to suffer real damages, such as furthered medical costs, lost wages, or emotional distress. As with any personal injury claim, no damages mean no compensation.
Play Video about a man lying on a bed with a woman in a hospital bed

Hire an Attorney to Make Your Claim Simpler

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) 313-2888 for a FREE consultation.

Play Video
Play Video
Play Video
Play Video
Play Video
Play Video
Play Video
Play Video
Play Video
Play Video

OVER $500 MILLION RECOVERED FOR OUR CLIENTS

When Your Recovery Is on the Line, Winning Matters
Failure to Diagnose & Treat a Stroke
$14.85 Million
Medical Misdiagnosis of Cervical Cancer
7 Figures

Claim against a medical laboratory for the misdiagnosis of cervical cancer.

Failure to Diagnose a Subarachnoid Hemorrhage
Significant Verdict

Verdict against an internist for failure to diagnose a subarachnoid hemorrhage, causing the death of a mother.

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 attorneys 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.

Medical malpractice claims must be filed within an established statute of limitations to be viable. In Illinois, the general statute of limitations for filing a medical malpractice claim is two years following an incident or the victim’s realization of the effects of medical malpractice. 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 that 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.

close-up of people shaking hands
a road with a tunnel
5/5

Client testimonials

Real Stories From Real People

a white background with a blue background

Get Your free consultation

If We Don't Win, You Don't Pay

    Why Hire Walner Law?