Are you considering a medical malpractice suit in Central Illinois? Check out these common questions about medical malpractice claims, along with answers from our team of expert medical malpractice attorneys at Ginzkey & Molchin.
What is a medical malpractice claim?
Medical malpractice occurs when a doctor or healthcare provider fails to uphold the standard of care in their profession, and it leads to injury or death of a patient. A medical malpractice claim seeks to prove that the healthcare provider provided substandard care, and that substandard care led to significant harm to the patient.
Are there different types of medical malpractice claims?
There are a variety of different types of medical malpractice claims. A few of the most common include:
- Misdiagnosis/Failure to Diagnose: Happens when a provider does not diagnose a medical condition correctly, or states there is no medical condition
- Surgical Errors: Covers a variety of errors, including operating on the wrong area or wrong patient, causing nerve, organ, or tissue damage, incorrect anesthesia administration, or failing to provide adequate patient follow up
- Birth Injuries: Injuries to a mother or child during childbirth
- Emergency Room Errors: Occurs when a doctor fails to adequately provide testing or care for symptoms presented by a patient upon admission to an emergency room
- Medication Errors
- Wrongful Death: Errors and omissions like those listed above can lead to death
What qualifies as medical malpractice?
In the US, there are generally four things that must be proven in order to qualify as medical malpractice. It must be proven that the physician or healthcare worker had the duty to give the patient treatment according to the standards of their profession, they failed to provide adequate care, that the failure to provide this standard of care led to patient injury, and that the injury had significant impact upon the patient’s life or quality of life.
Is medical malpractice different from medical negligence?
No, they are the same thing
What is the Illinois medical malpractice statute of limitations?
In Illinois, the statute of limitations on these types of claims is 2 years. However, we’d suggest that you don’t wait. As time passes, witness recollections are not as reliable, injuries become harder to tie to the case, and critical records are lost.
What do I need to do to file a medical malpractice lawsuit?
You need to hire a lawyer who has experience working with doctors. In Illinois, an independent physician must review the pertinent materials and determine whether negligence occurred. A doctor must provide a supporting report stating the reasons the doctor believes there is a meritorious cause of action. You need a lawyer with an established network of independent physicians.
How long does a medical malpractice case typically take?
3 – 7 years.
How much money do medical malpractice cases award victims?
Settlements vary, but you can see some of the amounts our clients have been awarded on our Case Results page.
Is my case considered medical malpractice?
Located in the Bloomington area of Illinois? Contact us today to find out if you may have a case for medical malpractice.