Medical malpractice is a widespread issue that can have serious and even catastrophic consequences for patients and their families. In fact, a StatPearls study published in 2024 by the National Library of Medicine (NLM) reports that 400,000 hospitalized patients experience some preventable harm each year.
When health care providers fail to meet the standard of care expected in their field, and that failure leads to injury or harm to patients, legal recourse via a Princeton, IL medical malpractice lawyer may be necessary. Connect with us for a free consultation to discuss your case.
What is Medical Malpractice?
Medical malpractice happens when a health care provider (doctor, nurse, hospital, etc.,) deviates from, or fails to meet, the commonly accepted care standards for their field, leading to patient harm.
This deviation can be the result of negligence, misdiagnosis, surgical errors, medication mistakes, failure to obtain informed consent, or other factors. Medical malpractice cases require a thorough knowledge and understanding of both the latest medical and legal principles in Illinois to establish liability and pursue justice and fair compensation.
Ways This Medical Negligence Occurs
Medical malpractice can take on a variety of forms, the most common including:
- Misdiagnosis or Delayed Diagnosis: Failing to diagnose a condition accurately or promptly.
- Surgical Errors: Errors during surgery, such as wrong-site surgery or anesthesia mistakes.
- Medication Errors: Prescribing or administering incorrect medications or dosages. According to another 2024 StatPearls study published by the NLM, improperly prescribed medications or errors in dosages lead to approximately 7,000 to 9,000 deaths each year.
- Birth Injuries: Harm that happens to infants or mothers during childbearing that’s due to medical negligence or mistakes. The most common birth injuries include:
- Brachial Plexus
- Cerebral Palsy
- Facial Nerve Injuries
- Caput Succedaneum
- Fractures
- Perinatal Asphyxia
- Failure To Treat: This is when a health care provider neglects to provide the necessary treatment or follow-up care, leading to ongoing or further injury.
Steps To Take If You Suspect Medical Malpractice
If you suspect that you, or someone you care for, has been the victim of medical malpractice, taking prompt and informed actions is crucial to protect your rights and potentially pursue a legal claim.
Here are the key steps to take if you suspect medical malpractice:
- Recognize Symptoms and Seek Second Opinions: If you experience unexpected complications or your symptoms get worse after medical treatment, you should seek a second opinion from another health care provider. Document all symptoms, advice, treatments received, and interactions (including dates) with medical professionals.
- Collect Medical Records and Documentation: Keep copies of all of your medical records, including test results, treatment plans, and prescriptions. These are crucial evidence for assessing the quality of care you’ve received and identifying any potential medical malpractice.
- Consult with a Medical Malpractice Lawyer: Contacting a reputable Princeton medical malpractice for a consultation is an essential step following malpractice. They’ll review your case, analyze your medical records, and determine if negligence or malpractice happened and to what extent.
Legal Considerations
Factors to weigh if you’re considering taking legal action after suffering medical malpractice include:
Statute of Limitations
In Illinois, medical malpractice claims must be filed within a specific timeframe known as the statute of limitations. Typically, this period is two years from the date the injury was discovered or should have been discovered through reasonable diligence.
Consulting with a medical malpractice lawyer promptly ensures your compliance with this deadline and safeguards your right to compensation.
Burden of Proof and Expert Testimony
Medical malpractice cases usually require proof that a health care provider breached the standard of care, resulting in harm.
Expert testimony from qualified medical professionals is often necessary to establish this breach and demonstrate causation between the provider’s actions and the patient’s injuries.
Insurance and Compensation
Illinois health care providers are typically covered by medical malpractice insurance, which may cover damages awarded in malpractice cases.
The Role of a Princeton, IL Medical Malpractice Lawyer
A personal injury lawyer wears a lot of hats with various responsibilities aimed at representing and advocating for clients who’ve suffered harm due to health care provider negligence.
Here are some of the key aspects of the lawyer’s role:
Legal Expertise and Investigation
These attorneys specialize in navigating the complexities of health care law and litigation.
They conduct thorough investigations, obtain medical records, consult with experts, and identify negligence or malpractice. This meticulous approach is necessary for building a strong case, one that demonstrates a clear breach of duty that led to harm.
Advocacy and Negotiation
With a firm foundation of evidence in place, your lawyer will then develop a legal approach strategically tailored to your specific case, and negotiate with the opposing party, such as the health care provider’s insurance company, to pursue a fair settlement.
This is where the lawyer’s negotiation skills and legal expertise come into play as they advocate for maximum compensation to cover your medical expenses, lost wages, and pain and suffering.
In Illinois, where health care practices and insurance regulations can vary from other states, having knowledgeable local representation is critically important.
Litigation and Trial Representation
When a fair settlement just can’t be reached through negotiation your attorney is ready to litigate your case in a court of law.
They’ll present evidence, cross-examine witnesses, and argue on your behalf to get maximum compensation.
Trial experience and hands-on knowledge of local court procedures make them more effective in fighting for your rights. In the end, your medical malpractice lawyer plays a pivotal role in helping you seek accountability and fair compensation for your injuries and losses when you’ve been harmed by a health care provider’s negligence.
Their expertise, advocacy, and dedication to you and your family’s welfare can be instrumental in successfully navigating the complexities of medical malpractice law and getting a favorable outcome on your behalf.
Contact Us for Help If a Medical Provider Harmed You
Navigating a medical malpractice case often requires specialized legal expertise, thorough investigation, and strong advocacy. A dedicated Princeton, IL medical malpractice lawyer like ours offers invaluable support, helping victims of medical negligence, like you and your family, pursue justice and fair compensation for injuries and losses.
By understanding the complexities of medical malpractice law and working with local legal representation, you can protect their rights and demand accountability from health care providers who fail to uphold their duty of care.
Contact us today for a free consultation.
