Chicago Medical Malpractice Lawyer
Chicago Medical Malpractice Lawyers That Hold Medical Professionals Accountable
Medical errors that are responsible for the death of previously healthy people are estimated at 7,100 per year in the United States, according to a Yale study.
At Curcio Law Offices, our Chicago medical malpractice lawyers have considerable experience prosecuting medical malpractice claims against hospitals, nursing homes, emergency room staff, doctors, nurses, surgeons, and dentists. We have won millions of dollars in settlement and jury verdicts in Chicago medical malpractice claims for our injured clients.
What Is Medical Malpractice in Illinois?
Medical malpractice cases are complex and difficult to prove. Under Illinois law, medical providers cannot be held liable unless they deviated from the standard of care of the local medical community. Health care providers, hospitals and their insurance carriers often claim that medical injuries result from known complications related to medical procedures or were simply unavoidable, and therefore they cannot be held liable.
How Can a Chicago Medical Malpractice Lawyer Help?
Our medical malpractice law firm has developed relationships with some of the nation’s leading medical professionals to help us determine the cause of medical injuries, as well as the long-term medical and financial consequences of those injuries. Together we will look at your case and analyze what your options are. Don’t take on the complicated legal system alone. Our Chicago medical malpractice attorneys are here to work with you every step of the way.
How Do I Know If I've Been a Medical Malpractice Victim?
Illinois specifies the necessary criteria for holding a medical professional accountable. Doctors or any other medical staff are liable for medical malpractice if they’re negligent and cause you to suffer.
Most of the time, medical records that are associated with your treatment must be released in order to determine whether or not a mistake was made that could give rise to a medical malpractice claim. Chicago medical malpractice attorneys can assist you in securing copies of your treatment records.
From here, a medical expert must evaluate your medical records and statements. This is to determine whether the care fits into the scope of what’s medically considered, “reasonable” or if the healthcare professional acted negligently.
You may also need to have a medical examination to determine the direct impact that your treatment had on your current health.
How Can I Make a Medical Malpractice Claim?
First, you’ll need to gather as much evidence as you can to prove the medical professional was negligent. Then, you’ll file a civil lawsuit. This must be done within the statute of limitations.
Also, your medical malpractice claim must be filed in the appropriate court. For Illinois, you’ll need an affidavit that indicates your records and health status has been reviewed by a medically professional that reasonably believes the treatment received could result in a medical malpractice lawsuit.
Who Can I Sue for Medical Malpractice in Illinois?
When filing for a medical malpractice lawsuit in Chicago, you can sue the doctor or health care provider. The person who made the mistake, directly, may not be the only one at fault.
Doctors don’t always have the funds available to provide you the full compensation you deserve. If this is the case, you may take legal action against the hospital to have your losses reimbursed.
Healthcare clinics, hospitals, and other facilities that employ physicians can be held legally responsible for medical malpractice. If the facility was negligent in the policies, compared to the medical standard, they can and should be held accountable.
Hospitals and clinics can also be held responsible for the actions (or lack of actions) of employees. If a doctor, nurse, or other staff member was negligent when providing care to a patient, the acts of the employee are treated as acts of the hospital.
How Much Time Do I Have to Make a Medical Malpractice Claim?
You must file a claim for medical malpractice in Chicago within two years of the medical malpractice incident. However, exceptions exist in certain cases. For example, if the mistake wasn’t discovered until later, this can extend the two year period. But, regardless of the circumstances, all medical malpractice claims must be brought up within four years of the incident.
What Happens If I File a Medical Malpractice Claim?
Medical malpractice cases in Chicago can be complex. You’ll need to get copies of all of your medical records, ask other medical professionals to review your records. After speaking to a Chicago medical malpractice attorney, you may want to interview witnesses.
Once the initial investigation is complete, your medical malpractice attorney will file a complaint. This will typically happen with the Circuit Court in Chicago, or wherever the medical malpractice occurred.
To file a medical malpractice claim in Illinois, your complaint must include a sworn statement from your lawyer stating:
- Your lawyer did consult with a medical expert on your behalf
- The medical expert chosen was qualified to review your case
- The medical expert determined in a written report that there is a reasonable cause to file a medical malpractice claim
This process is called “discovery”. For some cases, your lawyer may need to obtain a court order to force the other side to comply with the request for discovery.
In most cases, we can settle the claim without needing to go to trial. However, if a medical malpractice settlement can’t be reached, one of the medical malpractice attorneys at Curcio law offices will be prepared to take your case to trial.
Common Medical Malpractice Cases
Hospitals, doctors, nurses, dentists, midwives, or any other medical professional can commit medical negligence in Chicago. This can arise in a wide variety of situations, some of which include:
Anesthesiologists may make errors with drug administration, airway equipment, ventilation, machine operation, fluid, electrolyte management, IVs or monitoring.
A doctor, nurse of midwife may fail to notice signs of distress or act in a timely manner when emergencies arise during pregnancy, labor or even delivery. Injuries such as cerebral palsy, brachial plexus and nerve damage are common birth injuries caused by negligence.
Negligent doctors, surgeons, nurses or hospitals can make a number of errors that lead to a perforated bowl injury. Extreme negligence can merit a medical malpractice claim.
Emergency room professionals owe a duty of care to their patients, regardless of how hectic the area becomes. Rushing through an exam could cause doctors, nurses, or others to miss a treatment opportunity. Heart attacks, for example, are often misdiagnosed in the emergency room.
Medication errors occur when a doctor prescribes the wrong medication, dosage, or fails to note a drug interaction or allergy. This can also occur when a pharmacist incorrectly fills a prescription with the wrong drug.
Children who have suffered harm from meningitis may be able to receive compensation from a medical malpractice lawsuit.
Doctors may not be thorough, take incomplete medical histories, ignore symptoms or serious medical conditions. For example, a cancer misdiagnosis can lead to a medical malpractice lawsuit if they doctor or physician acted outside the scope of his or her position.
A misread X-ray, MRI or CT scan may lead to a failure to diagnose a serious medical condition. This is especially common in emergency room settings.
If a surgeon amputates the wrong limb or operates on the wrong area of the body, a medical malpractice claim may be available. Other surgical mistakes can include using unsanitary tools, failing to identify infections in a timely manner, perforating bowels, puncturing organs, leaving gauze, clams or other instruments inside the body.
Contact a Chicago Illinois Medical Malpractice Lawyer Today at Curcio Law Offices
If you or a member of your family has been injured as a result of a medical error, please contact the Chicago medical malpractice attorneys at Curcio Law Offices in downtown Chicago or call 312-321-1111 and schedule a free consultation today.