when to contact a lawyer for medical malpractice

CONTACT A MEDICAL MALPRACTICE LAWYER WHENEVER YOU HAVE SUFFERED SIGNIFICANT HARM OR LOSS. Perhaps the first indicator that you should contact a medical malpractice lawyer is that the amount of harm or loss you or a loved one has suffered has been extensive.

Full Answer

What does a malpractice attorney do?

A medical malpractice attorney can review your medical records and consult with experts to determine if the diagnosis and treatment in your case fell below the standard of care. If the provider did something that a competent medical professional would not have done (or failed to do something that a competent provider would have done), ...

How long can you sue for medical malpractice?

In some cases (such as when the injury was not or could not have been reasonably discovered within two years), medical malpractice claims may be allowed to proceed after the statute of limitations elapses so long as action is taken within one year of the discovery of the injury.

What are some examples of medical negligence?

There are many ways medical providers can be negligent in their duties. Common examples include: 1 Performing an unnecessary or inappropriate procedure 2 Surgical errors 3 Delaying timely treatment 4 Misdiagnosis/failure to diagnose 5 Failure to obtain informed consent

What damages can you recover from medical malpractice?

Damages you may be able to recover for wrongful death due to medical malpractice include medical bills, funeral expenses, loss of earnings, loss of companionship, and more. Recovering the full compensation you deserve is challenging without qualified legal assistance. Therefore, you should speak to a medical malpractice attorney in Nebraska as soon ...

Why do we place trust in doctors?

As patients, we place enormous trust in doctors and other healthcare providers to provide prompt diagnosis, proper treatment, and sound medical advice. Unfortunately, medical errors are a regular occurrence, often creating immense physical, emotional, and financial hardships for patients and their families.

Why do people lose their lives?

In the most heartbreaking cases, patients lose their lives because of the negligence and carelessness of doctors, nurses, and other medical professionals. When this happens, surviving family members may be able to recover damages through a wrongful death claim.

If You Suspect Negligence, Reach Out to a Medical Malpractice Lawyer in Mokena

Becoming a licensed medical practitioner requires a high degree of intelligence, dedication, hard work, and training. Consequently, the vast majority of the medical professionals whose services you seek when you’re injured or sick are individuals dedicated to providing the best care possible.

The Definition of Medical Malpractice

The term “medical malpractice” describes any case in which a healthcare provider causes harm to a patient by deviating from an established standard of care. This means, in layman’s terms, that a medical professional has failed to fulfill their duty up to the same standard as another professional, in the same or similar situation, would have.

The Prevalence of Medical Malpractice

Unfortunately, medical malpractice is far more common than you might think.

Steps you should take

If you or a family member become the victim of medical malpractice, you should do the following:

Hire an Experienced Medical Malpractice Attorney

If you believe you, or someone you love, has suffered medical malpractice in Mokena, Illinois or anywhere throughout the surrounding area, time is your enemy. Under Illinois law, the statute of limitations for medical malpractice claims is two years.

How to find a medical malpractice lawyer?

Begin by creating a short list of local medical malpractice lawyers who represent injury victims. Then, narrow down the selection based on their qualifications and expertise.

What can a medical malpractice attorney do?

If you were injured during or as a result of a medical treatment and believe that you have a claim, a medical malpractice attorney can help you seek compensation. Here’s what you need to do:

What is the statute of limitations for medical malpractice?

The statute of limitations determines how long you have to file a lawsuit. Deadlines for medical malpractice lawsuits differ in each state and can be dependent either on when the injury occurred or was first discovered. The statutes of limitations in three of the nation’s most populous states show how these laws vary: ...

What to do if you receive substandard care?

If you received substandard medical care, you may be able to reach a solution by working with the health care provider or filing a complaint with your state’s medical licensing board. Here are a few options to pursue before you consult an attorney or file a lawsuit.

How long does the statute of limitations last for minors?

There are several exceptions, including continuing treatment situations, discovery after the statute tolls, and a 10-year maximum limit. For minors, the statute of limitations may only begin once the person reaches majority age.

Is medical malpractice a complex area?

Medical malpractice is a complex area, and not every personal injury attorney is capable of successfully litigating these claims. To give yourself the best chance for success, hire an experienced professional with a long case history and a strong track record.

What are the damages of medical malpractice?

Common damages sought from healthcare providers in medical malpractice cases include: Medical expenses: When a patient is injured by his or her doctor, the patient may be burdened with unanticipated medical bills.

What is the most difficult aspect of a medical malpractice case?

Causation: One of the most difficult aspects of a medical malpractice case is proving the fault of the practitioner. Documents, other medical treatments, and statements from healthcare providers are frequently used to show the relationship between your injury and a doctor’s negligence. Damages: The injury caused by that negligence must have ...

What is breach of duty?

A breach of duty is a negligent act or failure to act, like removing the wrong organ, seriously damaging the body near the surgical site, or leaving a tool in the body, among other things.

Can medical professionals be negligent?

Medical professionals could be negligent at any stage of the process, ranging from your initial visit to the ER or clinic to the moment you leave their facility and start the recovery process. This is just a short list of potential ways you may be affected.

What is considered economic damages?

Economic damages are objectively verifiable monetary losses, like past and future medical expenses, loss of past and future earnings, and a loss of employment or business opportunities. Non-economic damages are more subjective, and include pain, suffering, emotional distress, and loss of enjoyment in life, among others.

Is medical malpractice difficult to prove?

Medical malpractice claims are notoriously difficult to prove. Without the guidance, experience, and knowledge of this area of the law that a malpractice attorney has, it can be incredibly difficult for injured parties and their family members to go head to head with a large corporation or its insurers.

What is the importance of having an attorney?

Even when facts and evidence line up in your favor, it’s crucial to have an attorney that can connect the dots for a judge and jury to see your side.

What is Medical Malpractice Law?

Medical malpractice occurs when an injured patient is harmed by a doctor (or other health care professional) who fails to competently perform their duties.

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to show all the following four legal elements:

How Common are Medical Malpractice Cases?

According to a recent study by Johns Hopkins University, medical error is now the third leading cause of death for men and women in the United States. The researchers determined that over 250,000 fatalities relating to malpractice and negligence occur each year in the U.S.

What are the Odds of Winning a Medical Malpractice Claim?

Researchers with the Clinical Orthopaedics and Related Research journal compiled 20 years of data of medical malpractice outcomes to examine the correlation between suspected patient injuries, lawsuits, and awarded compensation.

How Hard is it to Prove Malpractice?

One of the most challenging aspects of medical malpractice litigation is identifying negligence on the part of a doctor, nurse, surgeon, or other health care provider. Medical professionals are subject to high standards for providing care.

What is the Standard of Care?

The standard of care is the legal term for what a professional with the same background as your provider would reasonably do in a given situation. It encompasses the diagnosis, treatment, monitoring, and other steps a prudent doctor or other professional would employ in caring for a patient.

What are the Most Common Medical Malpractice Claims?

Any deviation from accepted ethical standard of care may result in medical malpractice. Some claims happen more frequently than others. The most common types of medical malpractice claims include: