Top Medical Malpractice Attorney
Top Medical Malpractice Attorneys
Medical mistakes are the third-leading cause of death in the United States, leading to an average of 250,000 deaths annually and many more injuries.
Healthcare professionals are not liable for all negative patient outcomes. However, they are legally responsible if they are aware of potential consequences before taking an action that leads to injury or death. If you or a family member suspects that your injuries are the result of malpractice, seek the help of an experienced medical malpractice attorney right away.
Retain a Medical Malpractice Lawyer
If you have suffered catastrophic injuries or if a loved one was killed due to medical malpractice, it’s important to hold the healthcare provider accountable. That not only ensures you are fairly compensated, but you could also help protect future patients of poor providers from receiving the same treatment that your family did.
The legal team at Susan E. Loggans & Associates has a proven track record of helping injured patients get the compensation they deserve due to malpractice from medical professionals, including surgeons, pharmacists, dentists, and anesthesiologists.
Call (312) 588-9773 or visit our contact page to schedule your free case evaluation with our experienced medical malpractice lawyers. We represent clients on a contingency-fee basis—meaning you pay nothing unless you win.
Overview of Medical Malpractice Lawsuits
Types of Medical Malpractice
Filing Medical Malpractice Claims
What to Do After Experiencing Medical Malpractice
Find the Right Medical Malpractice Attorney
Types of Medical Malpractice
Medical malpractice occurs when a medical expert is aware of the potential consequences before making a mistake that leads to injury or death.
Some of the most common medical malpractice claims our firm assists people with include, but are not limited to, the following:
1. Failure to Diagnose
Failure to accurately diagnose a medical condition can result in several rounds of additional and costly treatment. In some cases, patients may be deprived of solutions that could have been life-saving.
2. Failure to Warn of a Known Dangerous Condition
All medical professionals have an obligation to pursue the best course of action for their patient. Failing to warn a patient of their dangerous condition is violating the duty of informed consent.
3. Medication Error
Prescription errors are one of the most common forms of medical malpractice. Examples include prescribing the wrong medication, giving the wrong dosage, not warning of potential harmful side effects, failing to catch potentially harmful drug interactions, and giving medication to the wrong patient.
4. Preventable Hospital Infection
Each year, an average of 1 in 25 patients in the U.S. is diagnosed with at least one infection related to their emergency room or hospital care. While hospital infections are fairly common, many of them are preventable and can be cause for a medical malpractice claim. Examples of these infections include urinary tract infections, surgical site infections, and Clostridium difficile infections.
5. Misdiagnosis
Misdiagnosis in and of itself is not always considered medical malpractice. To be considered malpractice, the misdiagnosis must result in improper or delayed medical care or no treatment at all. If these lead to a worsening of the patient’s condition, it could be considered malpractice.
6. Failure to Treat/Improper Treatment
When healthcare providers fail to take the proper steps to diagnose or treat a medical condition in a timely manner, they can be held liable for the patient’s additional physical pain as well as economic damages, including higher medical bills, prescription fees, and lost wages.
7. Drug Recall
Injury or death resulting from drug recall most often falls under a product liability claim against the manufacturer. However, medical providers can be held liable if their negligence is determined to be a contributing factor. Examples include prescribing a drug for purposes not approved by the Federal Drug Administration or overprescribing a medication that is later recalled.
8. Surgical Error
A surgical error is an avoidable mistake that results in additional harm to the patient. While medical procedures often include an inherent level of risk, medical malpractice may be involved if the patient experiences unexpected complications.
9. Anesthesia Error
Anesthesia is a state of temporary induced loss of sensation or awareness.In many cases, anesthesia is administered without any complications. Any mistake that occurs during anesthesia, however, can result in serious complications, including catastrophic or even fatal injuries.
10. Dental Malpractice
Victims of dental malpractice can experience serious pain, changes to their appearance, and changes to their lifestyle. In severe cases, dental malpractice can even lead to death. Injuries may not appear immediately following the procedure, but are often permanent.
Filing Medical Malpractice Claims
What is the burden of evidence in a medical malpractice case?
Medical malpractice claims in the State of Illinois require plaintiffs to prove all four of the following elements:
- Duty. Establishing that the medical professional had a duty to exercise the standard of care set by those in the medical community or specialty in which the healthcare provider’s treatment is measured;
- Breach of Duty. Proving that the provider deviated from this accepted standard of care;
- Injury. Demonstrating that the resulting injury was caused by the deviation from that standard of care; and
- Damages. Showing that the injury caused by the deviation from that standard of care resulted in the victim suffering physical, financial, psychological, and/or other types of damages.
What is the difference between medical malpractice and medical negligence?
Medical malpractice occurs when a medical expert is aware of the potential consequences before making a mistake that leads to injury or death. Medical negligence, on the other hand, occurs when an honest mistake results in injury or death.
What are the limits to compensation in medical malpractice claims?
As of 2010, the State of Illinois does not have any cap on economic or non-economic damages in medical malpractice cases. Economic damages refer to compensation for calculable financial losses for victims, such as past and future medical bills and lost wages. Non-economic damages refers to compensation for harm that cannot be quantified, such as pain and suffering or emotional distress.
735 Illinois Compiled Statute 5/2-1115 states that exemplary, vindictive, aggravated, or punitive damages—damages awarded solely to punish defendants for particularly egregious conduct—are not allowed in medical malpractice cases.
What is the statute of limitations for filing a medical malpractice claim?
In the State of Illinois, a patient has two years from the date of discovery to file a medical malpractice claim. However, the statute of limitations is extended to eight years when the claimant was, at the time the cause of action occurred, under the age of 18.
Can I hold multiple parties accountable in my medical malpractice claim?
Under Illinois law, in cases involving multiple defendants, plaintiffs can recover damages from all of the defendants, or just one of the defendants, if the other defendants are unable to pay damages. (735 Illinois Compiled Statute 5/2-1118).
What to Do After Experiencing Medical Malpractice
Victims of medical malpractice are advised to:
- Take relevant photos and videos, if possible.
- Keep any and all medical records.
- Document all medical expenses and other financial burdens related to the injury.
- Refrain from making any statements to insurance companies until you retain legal representation.
- Seek the help of an experienced law firm.
- Not delay in contacting a personal injury attorney to avoid statute of limitations issues.
Find the Right Medical Malpractice Lawyer with Susan E. Loggans & Associates
Medical professionals are an incredibly important part of our community. But when they do not exercise due care, it can result in catastrophic injuries, disfigurement, and even death.
If you suspect that your medical-related injuries or a loved one’s death were due to medical malpractice, our medical malpractice lawyers will fight to get you the compensation you deserve for your physical pain, emotional suffering, and economic losses.
Remember, it’s not just you that you are fighting for. It’s for all future patients who could suffer the same fate if negligent providers are not held accountable.
Call (312) 588-9773 or visit our contact page to schedule a free case review with our experts in medical malpractice claims.