Doctors are expected to help and serve their patients to the best of their ability. We place trust in our physicians to heal us when we are sick or injured because their medical knowledge and ability surpasses our own. This is an important relationship that typically works to the benefit of both doctor and patient. Mistakes do happen however, and they can have devastating results on your health or financial well-being. Sometimes these mistakes are a result of an accident, although the health professional did everything in their power they would be expected to do. When these mistakes are the result of negligent or malicious behavior, however, you may be the victim of medical malpractice.
You have a right to expect proper medical care whenever you visit a health professional. Medical malpractice is a serious offense that breaches doctor-patient trust, and those responsible must be held accountable. If you or a loved one has suffered from medical malpractice, you can fight back against this injustice. The Kankakee medical malpractice lawyers at Spiros Law, P.C. are available to help you better understand your rights and build your case against a medical professional who caused you harm.
Medical Malpractice Resources: How To File a Claim on Behalf of a Loved One
Medical Malpractice Cases
Medical malpractice is defined as harm to a patient by a doctor, who does not competently perform their medical duties. In order to prove that an injury was caused by malpractice, the claim must demonstrate that the doctor’s care violated standard medical procedure, was caused by negligence, and resulted in significant damages to the patient. These damages may include physical pain, mental anguish, additional medical expenses, or lost work and earning capacity. Although medical malpractice is most commonly discussed in conjunction with doctor care, you may file a claim against any medical professional, including but not limited to nurses, technicians, and hospital staff. The Kankakee medical malpractice attorneys at Spiros Law, P.C. are prepared to help you through any of the malpractice scenarios you may face, such as:
- Wrongful Diagnosis/Failure to Diagnose a Condition
- Improper Treatment
- Surgical Errors
- Emergency Room Errors
- Pharmaceutical Errors
- Birth Injuries
- Wrongful Death
- Delay in Treatment
- Hospital Negligence
Medical malpractice is a frightening and often devastating occurrence, and you should not have to fight back alone. If you have questions regarding medical malpractice, the lawyers at Spiros Law, P.C. will help you determine if you have a case and can provide you with important next steps to take.
What to do After Medical Malpractice
Medical malpractice is an unfortunately common occurrence in the United states, with close to 640,000 claims in the past 10 years. If you are faced with medical malpractice, it is important to know the steps to take before filing a claim so that you have the necessary information for a lawsuit. Some of the most important steps include:
- Contacting the medical professional involved: this allows you to understand what went wrong during the medical procedure and determine if these effects can be remedied.
- Contacting the relevant medical licensing board: this board may be able to issue warnings or discipline to the medical professional involved, and they can guide you on the next steps to take.
- Learning how long you have to file a claim: all medical malpractices cases have a time limit in which they must be filed. This time frame is determined by your state and is available to you online.
- Getting a medical assessment to confirm your case has merit: another medical professional is able to review your injuries and provide a certificate of merit. This is an essential piece of your claim, which indicates that your injuries are the result of negligence.
- Finding an experienced attorney: filing a medical malpractice case is often a long and complex process. It is important to have an attorney on your side to help you build your case and ensure you follow the proper steps. This will help you raise your chances of compensation.
Each of these steps are essential to building a medical malpractice case, and without them, you lower your chances of getting your case to court. Once you have completed these steps, it is time to reach out to a legal professional to give you the guidance and support you need throughout this process.
Contact a Medical Malpractice Lawyer
In 2015 alone, approximately $4 billion dollars were paid to the victims of medical malpractice. This money can help remedy the physical and financial costs of a negligent medical error. In order to receive compensation, however, you must fight back against this injustice. A Kankakee medical malpractice lawyer at Spiros Law, P.C. is experienced in malpractice law and is prepared to work with you to help you recover from this hardship. To discuss the specifics of your case, contact us at (815) 929-9292 today.
Medical Malpractice FAQs
What is informed consent?
Informed consent is the requirement that your doctor provides all necessary information about treatment, including benefits, risks, and other treatment options, and you have voluntarily agreed to this treatment. This is an essential element in many medical malpractice cases, as failing to fully inform the patient about the procedure is negligence on the part of the physician. Additionally, physicians may not pressure or coerce a patient into a certain type of treatment, as this is also considered malpractice. Informed consent must be obtained before most medical procedures. Routine procedures, such as yearly physicals, are an exception to the rule of explicit informed consent, as by making this type of appointment, you have given implied consent. Additionally, in extreme circumstances, such as when the patient needs immediate medical care or is incapable of giving consent, doctors may perform procedures without explicit consent.
What do I need to prove a medical malpractice claim?
When filing a medical malpractice claim, you have the burden of providing proof that the physician was, in fact, negligent or behaved unreasonably. In order to do so, you must provide evidence of several key elements of your treatment. First, you must demonstrate that a doctor patient relationship existed. This indicates that you paid a doctor to treat you and they agreed to perform this treatment. Next, you must demonstrate that doctor was negligent, meaning their care did not meet the standards typically expected. This may include failing to diagnose your illness, improperly treating you, or failing to warn you of known risks or complications. After demonstrating negligence, you must prove that the doctor’s negligence caused your subsequent illness, injury, or financial burden. Lastly, you must indicate that this negligence led to significant damages such as physical pain, mental anguish, additional bills, or lost working/earning capacity. Each of these elements are essential for proving your malpractice case in court.
When should I file a medical malpractice claim?
Unlike many other claims, you must file a medical malpractice claim relatively quickly after the incident has occurred. In Illinois, the statute of limitations for a medical malpractice case is two years. Additionally, this time frame begins when the negligent act occurred. If you discover the problem after the statute is up, then you cannot file in Illinois. If you file your case after the statute of limitations time frame, no matter the facts, the court will not hear your testimony. It is essential that you understand the time frame you have to file your claim so that a valid case is not automatically dismissed. The medical malpractice attorneys at Spiros Law, P.C. can help you understand when you should file your case as well as the best steps to take moving forward.