Heart disease, cancer, and respiratory illnesses are some of the top causes of death in the United States – but what about medical errors? A Johns Hopkins study suggests that a significant number of deaths annually are attributable to medical errors in the United States to warrant medical malpractice as one of the top spots on the list. While no one wants to believe that misdiagnosis, surgical errors, or toxic pharmaceuticals could affect them, unfortunately, this happens quite often in Chicago.
Power Rogers holds negligent doctors accountable with medical malpractice lawsuits. We stand up for injured Chicagoans and fight for their right to receive safe and reliable medical care. If you need help with a medical malpractice lawsuit, contact the experienced team at Power Rogers for a complimentary consultation today.
What is a Medical Malpractice Lawsuit?
Filing a medical malpractice lawsuit is no one’s first choice of action. However, when you have been harmed and are facing physical disabilities, pain, and mounting medical bills, a lawsuit for medical malpractice may be the best path forward. A medical malpractice lawsuit seeks monetary damages for an injured patient or their family to help them recover the costs of their medical expenses as well as payments for additional losses like pain and suffering or wrongful death.
Medical malpractice lawsuits involve a claim for compensation in court against a healthcare provider whose negligent actions caused avoidable harm to a patient. Such lawsuits can be filed against a doctor, nurse, or other licensed provider like a mental health practitioner, a dentist, or a technician. They can also be filed against a larger healthcare entity like a hospital, a nursing home, or a medical group.
Who Can File a Medical Malpractice Lawsuit?
A patient who has suffered demonstrable harm from a medical professional’s negligent or abusive actions may be eligible to file a malpractice lawsuit. In some cases, a patient’s family may also be able to bring a legal action.
Proving Negligence In a Medical Malpractice Lawsuit
There are four main elements to proving negligence in a medical malpractice lawsuit in Illinois. They are:
- Duty of care: The doctor or provider must have an established duty of care towards the patient.
- Breach of duty: The provider must have violated the standard of care that you have the right to expect.
- Causation: Their actions must have caused harm to you the patient. For instance, a patient with a terminal illness correctly diagnosed and treated by a doctor may still pass away from the condition. This is not harm caused by the doctor. However, someone who is not diagnosed with a condition that was treatable, and the delay in proper diagnosis and care cases death, could be actionable.
- Damages: The harm you have suffered due to malpractice needs to be quantifiable in some way in order for you to seek damages through a medical malpractice lawsuit. This can include the cost of additional medical bills, prescription drug costs to manage pain, as well as harder-to-quantify costs like loss of enjoyment, loss of consortium, and distress.
The Most Common Types of Medical Malpractice Cases in Chicago
Medical malpractice can cause lasting harm to your life and general well-being. The following are examples of medical malpractice lawsuits in the Chicago area:
Surgical Errors
A scheduled surgery is supposed to help improve your condition. Unfortunately, those who suffer from surgical errors understand how a botched surgery or negligent post-surgical management can lead to ongoing issues and serious complications. Operating on the wrong body part, issues with anesthesia, or retained surgical instruments or foreign objects left inside the patient are potential causes of malpractice lawsuit filings.
Misdiagnosis or Delayed Diagnosis
Receiving a delayed diagnosis can limit your ability to seek timely and possibly life-saving treatment. In other cases, misdiagnosis can cause a patient serious harm and suffering. According to the Johns Hopkins Armstrong Institute for Patient Safety and Quality, there are three conditions most likely to be misdiagnosed, and they account for nearly three-quarters of serious harm done by diagnostic error. The concerns are cancer misdiagnosis, infections like sepsis or septic shocks, and vascular events, like an aneurysm, heart attack, or stroke.
Birth Injuries
Complications during childbirth can harm both the mother and child. OB/GYNs and women’s health specialists make up 85% of malpractice lawsuits. If you have experienced birth injuries, it’s imperative you contact a birth injury attorney for help filing a lawsuit.
Medication Errors
Errors in prescribing medication such as incorrect dosages or failure to account for allergic reactions can result in a medication error lawsuit when a patient takes them and suffers harm. In other instances, errors in administering medication by nurses, PAs, and home health care aides can lead to serious harm.
Anesthesia Errors
Errors in anesthesia can result in stroke and associated complications post-surgery. In severe cases, it can lead to permanent disability and even death from relatively routine procedures.
Statistics on Medical Malpractice Lawsuits In Chicago
Illinois reports higher than average medical malpractice rates for the Midwest. Additionally, the state ranks 6th in the nation for highest average settlements in medical malpractice lawsuits.
Case Numbers and Trends
In 2023, there were 1,964 adverse action reports in the state of Illinois and 470 medical malpractice claims that were paid out. In 2023, these settlements amounted to over $315 million.
Most Common Defendants
In Illinois in 2023, the most commonly named defendants in medical malpractice lawsuits were physicians and registered nurses, each accounting for over 500 report counts individually. Other healthcare professionals who are commonly named in Illinois are practical nurses, followed by technicians and assistants, and then therapists and counselors.
Illinois ranks 6th in the nation for highest average settlements in medical malpractice lawsuits.
Legal Process for Medical Malpractice Lawsuits
Medical malpractice lawsuit cases are best handled by skilled injury attorneys who specialize in these kinds of claims. Medical malpractice is an incredibly complex, expensive, and difficult case to prosecute. However, when successful, medical malpractice lawsuit recoveries can help give injured patients a new lease on life, as well as ensure providers uphold the standard of care when providing care.
Initial Consultation With a Chicago Medical Malpractice Lawyer
During your consultation with Power Rogers, we will evaluate the available data to help establish your claim for compensation, as well as advise you about what kinds of proof are necessary to pursue your case. While all medical malpractice lawsuits must meet certain general criteria in the state of Illinois, we bring a personalized approach to each of our consultations with our clients. Your consultation with our office is free.
Gathering Evidence
Providing appropriate documentation for your claim is often the key to a successful outcome. Your medical records, witness statements, and expert testimony can all help support your claim by illustrating causation as well as expanding upon the extent of harm done by your provider.
Filing the Lawsuit
Once our firm has thoroughly investigated your claim and assembled all of the evidentiary support including consulting with expert witnesses, an Affidavit of Merit is required to pursue a malpractice case in Illinois. We will file your claim in the appropriate jurisdiction against the necessary parties and will handle all communication with defendants, the Court, and insurers, and negotiate for a resolution that accurately represents what you have been through. If pre-suit negotiations are worthwhile, we will discuss that option with you and pursue that avenue before filing the lawsuit.
Statute of Limitations for Medical Malpractice in Illinois
In general, there is a two-year statute of limitations from the date you knew or should have known of the injury caused by malpractice for filing a claim in Illinois Courts. However, there are several exceptions and nuances to the applicable limitations period that an experienced lawyer will need to analyze. Some of these special circumstances include:
- If you were a minor during the time the medical malpractice occurred and have not yet turned 22 years of age.
- If you were physically or mentally disabled and unable to file within the two-year deadline.
Have More Questions? Speak To an Experienced Medical Malpractice Lawyer Today
Have you been harmed due to medical error or negligence? At Power Rogers, our attorneys are experienced in handling complex medical malpractice cases, and have assisted many medical malpractice victims in securing justice and compensation. With a proven track record of significant verdicts and settlements, we have the resources and knowledge to investigate your case thoroughly, collaborate with medical experts, and advocate aggressively on your behalf.
Reach out to Power Rogers today for a consultation about how we may be able to help.
