What Are Common Types of Medical Malpractice?
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What Are Common Types of Medical Malpractice in Chicago, IL?
Burger Law's Illinois malpractice lawyers in Chicago have seen every type of medical malpractice case you can imagine. While all malpractice claims share a breach of the standard of care, each case is unique and the circumstances surrounding malpractice injuries are different. However, there are several common types of negligence our malpractice lawyers see in Chicago and Illinois.
Missed, Delayed or Incorrect Diagnosis
When your condition is not properly diagnosed, it prevents you from receiving the treatment you need to heal. A misdiagnosis study by the Mayo Clinic found that of 286 patients referred to them or who went to the clinic for a second opinion,
- 66 percent received an altered diagnosis and new treatment plan
- 21 percent received an entirely new diagnosis
- Only 12 percent received confirmation that their original diagnosis was correct
Incorrect diagnoses can lead to unnecessary treatments or no treatment at all. Misdiagnosis makes up almost a third of all malpractice claims in the United States, and is the most common outpatient claim our malpractice lawyers in Chicago and Illinois see. Of "high-severity" claims, 74.1 percent involved the "big three" of vascular events, infections and cancer.
About six to eight out of 1,000 babies born in the United States are born with a birth injury. Introducing a child into the world should be a joyous occasion, so it can be especially heartbreaking and infuriating when they are injured because of a doctor's or nurse’s negligence. Common birth injuries include:
A doctor may breach the standard of care if they fail to monitor the mother and infant, are too forceful or incorrectly use tools during delivery, do not perform a cesarean section when they should or perform a botched cesarean section. If you or your child was injured during birth, the Burger Law Illinois malpractice lawyers based in Chicago will insist that you recover maximum compensation for your damages.
In the United States, there are as many as 4,000 preventable surgical errors each year, and they are the most common malpractice claim that occurs in hospitals. While medical professionals have determined "never events," which are theoretically so easy to prevent they should never happen, surgeons and nurses still commit negligence during surgery. Some common examples include:
- Failure to monitor during surgery
- Failure to monitor after surgery for infections, blood clots or heart problems
- Failure to properly administer anesthesia
- Puncturing or perforating an organ
- Performing the wrong surgery
- Leaving an object inside the body
- Performing surgery on the wrong side or part of the body
Nursing Home Negligence and Abuse
The Nursing Home Reform Act of 1987 established a standard of care for Illinois nursing homes and included a resident's bill of rights. While the act has helped improve nursing home conditions, far too often residents suffer abuse or neglect by nursing homes and their employees who break the rules. If you have a loved one in a Chicago or Illinois nursing home, it is important to look out for warning signs of negligence, one of the most common of which is bed sores.
Other common types of medical malpractice include:
- Medication errors
- Dental malpractice
- Failure to inform or acquire informed consent
- Hospital system errors, such as in the emergency room or radiology department
If you or a loved one has been injured because of a negligent doctor, nurse or medical institution, call our Illinois malpractice lawyers in Chicago immediately. The sooner you call us, the sooner we can start working on your case, find you the proper medical care you need and secure a full financial recovery for all of your damages. Call Burger Law's malpractice lawyers now at 312-500-HURT.
How Do You Prove Medical Malpractice?
How Do You Prove Medical Malpractice in Chicago, Illinois?
Medical malpractice cases are complicated, and there are often many different parties you can sue. Burger Law has seen every type of medical malpractice case and knows how to hold negligent parties responsible for their actions. There are four things your Burger Law Illinois malpractice lawyers in Chicago must prove in order to win a medical malpractice case:
- A doctor-patient relationship existed. This establishes that the doctor owed you a duty of care. If you were choking at a restaurant and there was a doctor present, they do not owe you a duty of care. The right thing to do may have been to intervene, but they are not guilty of medical malpractice as no doctor-patient relationship existed. A doctor-patient relationship is often easy to prove as there will be a record of any appointments or surgeries.
- The duty of care was breached. This is where the issue of standard of care arises. Your malpractice lawyers in Chicago will have to show that your Illinois doctor did not treat you with the same care that a competent doctor in the same field would have. For example, they may not have ordered tests that should typically be ordered when treating someone with your symptoms.
- The breach of care caused your injuries. It is not enough to prove that the doctor gave you substandard care; your malpractice lawyers must also demonstrate that the care was the proximate cause of your injury, or that you would not have suffered the injury were it not for the actions or inaction of the medical professional. For example, if a Chicago or Illinois surgeon leaves a sponge inside your abdomen after surgery and you develop an infection as a result, the sponge is the proximate cause of your injury.
- You suffered damages as a result. Once your malpractice lawyers in Chicago prove that your Illinois doctor breached the standard of care and caused you injuries, they must then demonstrate that you suffered damages that you need to be compensated for. These can be:
- Economic losses, such as:
- Lost wages
- Lost earning capacity
- Medical treatments; and
- Noneconomic losses, such as:
- Pain and suffering
- Mental anguish
- Loss of companionship or consortium
- Loss of society
In Illinois, 735 ILCS 5/2-622 stipulates that a medical malpractice claim must be accompanied by an affidavit written by another healthcare professional who:
- is knowledgeable about the specifics of the case;
- either currently practices or teaches, or has practiced or taught within the last six years the same area or specialty of medicine that is "at issue" in your claim; and
- has reviewed the medical records and is familiar with your case, and agrees that there is good cause to file your malpractice claim.
Proving these four elements requires a thorough investigation, as well as talented and diligent Illinois malpractice lawyers and the help of industry experts. The Chicago-based malpractice lawyers at Burger Law know the ins and outs of Illinois law and work alongside our vast network of Chicago and Illinois medical and financial experts to deliver you justice and a great financial recovery. If you have sustained an injury because of a doctor's negligence, call us now at 312-500-HURT.
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How Long Do I Have to File a Malpractice Claim?
How Long Do I Have to File a Malpractice Claim in Chicago and Illinois?
Typically in Illinois you have 2 years to file a personal injury claim from the date of the negligence. 735 ILCS 5/13-212 is Illinois's specific statute for medical malpractice cases, which states that you, the claimant, cannot bring a claim more than two years
after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first
It is important to note that you cannot file a medical malpractice claim more than four years after the negligence occurred, even if you did not discover your injury until more than four years after the date of the negligence. The one exception is if you or your loved one was under 18 on the date the malpractice occurred. Then you would eight years from the date of the injury, but no later than when you turn 22. If you have sustained an injury because of a doctor's negligence, there is no time to wait. Call our Illinois malpractice lawyers in Chicago now at 312-500-HURT.