Hospital Negligence and Medical Malpractice Attorney
As Americans, we expect outstanding health care. Our doctors, nurses and medical specialists are held to the highest standards of education and practice. Unfortunately, mistakes are often made that result in serious injury or death. If a health care provider’s negligence has caused you serious medical problems and financial losses, you are entitled to recovery of full and fair money damages.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. In legal terms, it refers to a situation where a doctor, nurse, hospital, or other medical professional fails to meet the accepted standard of care, and this breach of duty leads to injury or damage. Medical malpractice can arise from various errors, such as misdiagnosis, surgical mistakes, medication errors, or a failure to follow up on test results.
According to an article from Medical News Today, common forms of medical malpractice include surgical errors, misdiagnoses, and prescription mistakes, each of which can have serious consequences for patients if not handled with proper care. For example, a misdiagnosis could lead to unnecessary treatment or a delay in proper care, while a prescription error might cause adverse drug reactions or ineffective treatment.
Common examples of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: When a doctor fails to diagnose a condition accurately or promptly, leading to delayed or improper treatment.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the body, or causing unexpected injuries.
- Medication Errors: Prescribing the wrong medication or dosage, or failing to check for potential adverse interactions.
- Birth Injuries: Mistakes made during prenatal care or delivery that lead to birth defects or injuries.
- Failure to Obtain Informed Consent: When a doctor fails to inform a patient about potential risks involved in a procedure, leading to an uninformed decision by the patient.
These examples highlight that, for a case to qualify as medical malpractice, there must be a breach in the duty of care, causation (proof that the breach caused the injury), and measurable damages.
Edwardsville Medical Malpractice Laws
Illinois medical malpractice laws set specific guidelines on when and how a malpractice claim can be filed. These laws, including those that apply in Edwardsville, focus on the statute of limitations, damage caps, and the standards required to prove negligence.
- Statute of Limitations: In Illinois, patients generally have two years from the date they discovered the injury (or should have reasonably discovered it) to file a medical malpractice claim. However, no claim can be filed more than four years after the date of the malpractice (735 ILCS 5/13-212). This is known as the “discovery rule.”
- Damage Caps: While Illinois does not currently impose caps on compensatory damages (such as medical expenses and pain and suffering), there are limits on certain types of claims. Punitive damages, designed to punish particularly reckless or harmful behavior, are generally not allowed in medical malpractice cases in Illinois.
- Expert Testimony Requirement: Illinois law requires plaintiffs in a medical malpractice case to submit an “affidavit of merit,” which includes a written statement from a qualified medical expert who can testify that the healthcare provider likely breached the standard of care. According to the National Center for Biotechnology Information (NCBI), a breach in standard care refers to “an act or omission by a healthcare provider that deviates from accepted norms of practice, potentially leading to harm or injury to the patient”. This affidavit of merit is necessary for the case to proceed and must be filed within 90 days of the lawsuit (735 ILCS 5/2-622).
Edwardsville Medical Malpractice: Victim Response Checklist
If you believe you’ve been harmed by medical malpractice, act quickly and document everything. Follow this checklist to protect your rights:
- Seek Medical Attention: Get additional treatment right away to address injuries and avoid worsening your condition.
- Request Medical Records: Obtain all related medical records, including diagnoses, prescriptions, and treatment plans.
- Document Symptoms: Keep a journal of symptoms, pain levels, and any treatments or changes in your condition.
- Consult a Lawyer: Contact an Edwardsville medical malpractice lawyer to assess your case, gather evidence, and guide you through the process.
- File a Complaint: If necessary, file a complaint with the Illinois Department of Financial and Professional Regulation (IDFPR).
Each of these steps helps preserve evidence and strengthens your potential claim.
What Steps Should I Take if I’ve Been a Victim of Medical Malpractice?
To protect your rights and pursue justice in a medical malpractice case, follow these essential steps:
- Act Quickly: Illinois law allows two years from the discovery of malpractice to file a claim. Starting promptly gives you time to build a strong case.
- Consult an Attorney: Contact a specialized medical malpractice lawyer, like Walton Telken in Edwardsville, to evaluate your case and explain legal requirements.
- Gather Evidence: Work with your attorney to collect:
- Medical records: Documenting treatments and procedures to reveal possible errors.
- Photos: Any visible injuries caused by the malpractice.
- Witness statements: Statements from family members or caregivers to support your case.
- Secure Expert Testimony: Illinois law requires a medical expert to confirm that your care did not meet professional standards.
- Track Expenses: Maintain records of all related costs, including medical bills, therapy, and lost income, for calculating damages.
- Follow Legal Advice: Medical malpractice cases can be complex. Adhering to your attorney’s guidance improves your chances of a successful outcome.
Following these steps strengthens your claim and can help you secure the compensation you deserve.
Free Consultation ▪ We Don’t Get Paid Until You Do
Walton Telken is here to provide effective representation to help you protect your rights. We are a law firm comprised of experienced personal injury trial attorneys with decades of litigation experience. Our lawyers understand the complex issues involved in medical malpractice litigation. We work with a network of medical experts to enable us to present the evidence as clearly and effectively as possible during settlement negotiations and at trial.
Contact us to discuss the specifics of your medical malpractice claim. We represent clients in the Metro-East and throughout Southwestern and Southern Illinois, as well as in Eastern Missouri, including the St. Louis metropolitan area.
Our lawyers have experience in medical negligence cases involving:
- Birth Injuries
- Medication Errors
- Surgical Errors
- Misdiagnosis of Cancer and Other Diseases
- Emergency Room Errors and EMT Mistakes
- Nursing Home Abuse and Neglect
- Defective Pharmaceutical Products
Professional Referrals
If you are an attorney seeking qualified trial representation for a client, we can arrange a professional referral relationship.
Contact us today at one of our Illinois or Missouri locations. We offer a free consultation and handle all medical malpractice claims on a contingency fee basis. That means you won’t pay attorney’s fees until we help you recover money damages.
