In Illinois, the statute of limitations on medical malpractice allows two years from when someone discovers or should have discovered the improper actions or treatment by a medical professional. While people have a general understanding of what a treatment plan may consist of, those plans can vary greatly from case to case. For example, one case may involve a misreading of an X-ray or an improper cast application, while another may involve a significant deviation from the required standard of care during a surgery that results in a major injury or even patient death. Medical malpractice cases in Rockford must be carefully researched and prepared for. We can help.
This also can take the form of medical negligence, which occurs when a doctor does something to a patient that a reasonably careful physician would not do, or when a doctor fails to do something that he or she should have done when treating a patient. Examples of negligence in medical malpractice cases include a delay or failure to diagnose a disease, or misuse of prescription drugs or a medical device.
In the majority of medical malpractice cases, the injury inflicted isn’t intentional. But medical professionals are held to a high standard of care. Their decisions often mean the difference between life and death, and accidents that cause serious injury cannot be ignored.
In medical malpractice cases, expert testimony is a requirement, and these expert opinions are often a crucial feature of the patient’s case. A qualified expert will be required at trial, and an experienced medical malpractice attorney with working relationships with medical professionals will help you recover the compensation you deserve.
As parents, we dedicate our lives to protecting our children. We vow to always act in their best interest and to protect them from harm. The last thing we want or expect is for them to suffer an injury at birth, or to be the victim of a birth defect. When these things happen, we often find ourselves asking why it happened and how it could have been prevented.
When we undergo a surgical procedure, we expect medical personnel to provide acceptable care. Sometimes, a procedure does not go our way, and there is no one to blame. In other instances, a procedure does not go our way, and it could have been avoided. In these instances, the first question we usually ask is, “How did this happen?” It’s a reasonable question, and we deserve an answer. Surgical mistakes can create lifelong complications, severely impact quality of life, and breed astronomical medical bills.
Surgical errors can occur when a medical professional:
The consequences following a surgical error can range in severity. Some common complications include brain damage, loss of the use of a limb, infections, death, or ongoing medical care.
According to the Center for Disease Control, 1 out of every 33 children are born with a birth defect. Birth defects are defined as structural changes present at birth that can affect almost any part of the body. They can range from mild to severe, and may also affect how the body looks, works, or both.
On the other hand, birth injuries are defects that an infant sustains right before, during, or after birth. In the United States, one out of every 9,714 children suffers a birth injury. In fact, in 2006, approximately 157,700 birth injuries to mothers and infants were reported. These injuries could have been prevented.
Medical professionals are trained to diagnose and treat their patients accordingly. Unfortunately, sometimes these professionals make the wrong diagnoses. When this happens, the results can be tragic. Incorrect diagnoses can result in prolonged medical issues, or unnecessary therapies, treatments, or operations that would otherwise be unnecessary. If you believe that you or a loved one has been made the victim of an incorrect diagnosis, you may be entitled to compensation.
Approximately 1.5 million people are injured every year due to a medication error, and at least one person dies each day from such an error. Although most medication errors have no adverse consequences to patients, many of these errors can cause significant health problems and lead to death. Medication errors can occur at any point during the course of treatment. A physician may prescribe the wrong medication, the pharmacist may fill the wrong medication for the patient, or a patient may be given an incorrect dosage. Many things can happen, and when they do, it is important to get to the bottom of what happened.
According to a report by Medmarx in 2001, 40% of medication errors were caused by distractions, 24% by workload increases, and 36% were attributable to staffing issues. Medication errors make up the majority of medical errors at up to sixty percent.
Monetary damages can be awarded if someone is found to be legally responsible for a medication error. Those monetary damages are called compensatory damages or actual damages. The purpose of compensatory damages is to attempt to put the injured person in the position in which he or she would have been had the injury not occurred. These damages may include medical expenses (past and future), pain and suffering (past and future), lost wages (past and future), loss of a normal life, and loss of society. It’s important to keep records of your medical bills and time off from work, as these can help you calculate your actual damages.
In some cases, punitive damages may also be awarded to punish the defendant if his or her conduct was not only negligent, but also reckless or intentional. Punitive damages aren’t recovered for any specific loss. Instead, they are levied against the defendant as punishment to discourage negligence in the future. The court will determine whether to award the plaintiff with punitive damages and how much the award will be. According to Illinois law, punitive damages may only be awarded if actual damages are also awarded.
Under Illinois law, if you or a loved one has been injured or harmed from a medical malpractice matter, you may be entitled to reimbursement of medical expenses, or compensation for pain and suffering, disability, disfigurement, permanent impairment, and loss of earning potential. Consulting an attorney early on in your case is the best way to ensure that your losses have been properly documented so that you receive fair value for your claim.
Illinois sets a time limit of two years to file this type of lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue. Medical malpractice statutes are some of the more complex in the Illinois civil code and discussing your options and statute of limitations with a qualified Illinois Medical Malpractice attorney is only a text, e-mail, or phone call away:
When you or your family is seeking a medical malpractice attorney in Rockford, Loves Park, Machesney Park, Freeport, Belvidere, Roscoe, Rockton, or the surrounding area, you need an attorney who is familiar with medical terminology and who can work diligently and aggressively to fight for your recovery both in and out of the courtroom. There are many variables for what a medical malpractice injury is and how it may have been caused. For an in-depth, free, and thorough consultation, please call or text message us 24/7/365 at (815) 315-4967 or e-mail us us at firstname.lastname@example.org 24/7/365. We routinely do home, hospital, and rehabilitation center visits, and there is absolutely no fee unless we win a recovery for you.