Bloomington Medical Malpractice Attorney

What Is Medical Malpractice?

Medical malpractice is a legal term applied to the violation of healthcare standards by a doctor, nurse, or other professional. Medical malpractice can occur under a variety of conditions, and the injuries sustained by patients range from minor to severe. When a healthcare provider commits medical malpractice, the provider or facility can be held liable for a patient’s injuries. There are specific elements patients must prove in order to bring a successful malpractice claim, and they must do so within the statute of limitations. 

Types of Negligence Cases Our Medical Malpractice Attorneys See

Any act performed by a healthcare professional that deviates from the accepted standard of care and causes injuries to a patient qualifies as medical malpractice or negligence. The most common types of lawsuits cases our Bloomington medical malpractice lawyers see are:

• Missed, incorrect, or delayed diagnosis
• Birth injury
• Wrongful death
• Nursing home abuse
• Pharmaceutical or prescription errors
• Surgical errors

Common Causes of Medical Malpractice Injuries

Medical malpractice can result from the carelessness of medical professionals or the facilities that employ them. Identifying the root cause of a patient’s medical malpractice injuries is an essential step in securing financial compensation. Common reasons healthcare professionals cause injuries to patients include:

Understaffing & Fatigue

Adequate staffing is an essential component of patient safety in healthcare facilities. When medical facilities fail to hire enough workers, healthcare providers are pushed to work excessive hours. This contributes to fatigue in medical workers, which can increase the rate of medical negligence or malpractice within the facility.

Improper Training & Supervision

Facilities that fail to properly train healthcare workers contribute to patient injuries. When medical procedures, such as surgeries, are performed by under-trained or under-supervised staff, errors occur that can leave a lifelong impact on victims.

Improper Hospital Protocols

When a hospital fails to enact proper protocols to keep patients safe, the risk for injuries and worsened illnesses increases. Essential protocols a hospital may fail to uphold can include:

• Employee training
• Sanitation and equipment maintenance
• Operating in alignment with medical standards

Who Can You Sue for Medical Malpractice?

Victims can file a medical malpractice lawsuit against a liable hospital, health clinic, doctor, or other healthcare provider or healthcare employer. Medical professionals can be held liable for their own negligent acts and malpractice. Healthcare facilities can be held accountable for negligent policies and practices. In some cases, a healthcare facility is considered responsible for the actions of an employee, and these acts are treated as the actions of the facility.

How Long Do You Have to File a Medical Malpractice Claim in Illinois?

Victims filing a medical malpractice in Illinois generally have a 2-year statute of limitations to adhere to. The timer on the statute of limitations for medical malpractice claims begins when the injury or malpractice is discovered or should have been discovered. Additionally, if medical malpractice goes unnoticed for 4 years, a case may no longer be valid. For medical malpractice injuries to minors, the statute of limitations extends to 8 years, expiring by the victim’s 22nd birthday. 

What Damages Can You Recover in a Medical Malpractice Lawsuit?

Medical malpractice victims can recover compensatory damages for their injuries. Compensatory damages take the form of non-economic and economic damages. There is no cap in Illinois on the amount of compensatory damages recoverable in a medical malpractice lawsuit. In rare cases where a healthcare provider acted exceptionally recklessly, punitive damages may be recovered as well. Punitive damages are intended to punish a negligent provider or facility and prevent future injuries to patients.

The following economic and non-economic costs can be recovered through a medical malpractice lawsuit:

• Past and future medical expenses
• Disability accommodations and medical equipment
• Lost wages and future lost wages
• Pain and suffering

Proving a Medical Malpractice Claim

Victims filing a lawsuit must prove the five essential elements of a medical malpractice claim to achieve a successful outcome. Proving a medical malpractice claim often requires the testimony of medical experts and extensive evidence. A medical malpractice lawyer in Bloomington can help injured patients gather the necessary evidence and obtain expert witnesses to prove a claim. Evidence that can help prove a victim’s case includes:

• The patient’s medical records
• An organized record of the healthcare professionals that provided treatment
• A second opinion from another medical provider
• Evidence of damages, such as bills or documentation of missed work hours

To Win a Medical Malpractice Claim, Injured Patients Must Show:

• A provider-patient relationship existed
• The healthcare provider owed the patient a duty of care
• The healthcare provider violated the duty of care
• The patient was injured when the provider violated the duty of care
• The patient suffered damages as a result of the medical provider’s negligence

Common Injuries Resulting from Medical Malpractice Claims

The injuries suffered by patients at the hands of negligent healthcare providers can range from mild to life-altering. In some cases, medical malpractice injuries may be fatal. Injuries victims of malpractice often face are:

• Infections
• Sepsis
• Paralysis
• Disfigurement
• Amputation
• Overdose
• Nerve damage

In addition to the above injuries, newborns and their mothers are susceptible to injuries during labor and delivery. Common examples of a birth injury caused by malpractice include:

• Fractures
• Brachial palsy
• Cerebral palsy
• Paralysis
• Injuries from forceps 
• Cephalohematoma 

Frequently Asked Questions About Medical Malpractice

1. What should I do if I’ve been injured by a medical professional?

Patients injured by their doctors should seek alternative medical treatment to rectify their injuries. Once they suspect a healthcare provider committed malpractice, victims should gather evidence to support their claim. Then, they should contact a medical malpractice attorney to determine whether they have a claim against their healthcare provider. 

2. Is there a difference between medical malpractice and negligence?

When a medical professional is aware, or should reasonably be aware, of the potential consequences of his or her actions and makes the mistake anyway, he or she has committed malpractice. When a medical professional makes a reasonable mistake that causes a patient to suffer, he or she has committed negligence. 

3. How do I know if I have a legal claim for medical malpractice?

Any time a patient suffers damages at the hands of a medical provider that deviated from accepted treatment standards, he or she has grounds for a medical malpractice claim. This includes malpractice from a variety of healthcare professionals, including dentists, doctors, nurses, and psychiatrists. A medical malpractice attorney can review your case to help you determine whether you have a valid claim.

Additional Resources on Medical Malpractice: 

• When Is a Birth Injury Caused by Medical Malpractice?
• Mistakes to Avoid in a Personal Injury Case
• Steps in a Personal Injury Case
• Are Personal Injury Settlements Taxable?

Did a negligent healthcare provider cause your injuries? Call the medical malpractice attorneys at Strong Law Offices today. (309) 828-3800.