Peoria Medical Malpractice Attorneys

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, hospital, medical provider, or other healthcare professional causes an injury by deviating from a reasonable and ordinary standard of care required for that medical professional.

There are many types of medical malpractice that can cause lawsuits to arise. These include, but are not limited to:

• Misdiagnosis
• Failure to diagnose an illness
• Failure to perform treatment
• Injuries occurring during the birth of a child
• Drug and/or prescription errors
• Surgical errors
• Failure to perform reasonable and ordinary medical treatment when such treatment should have been offered

Misdiagnosis As Malpractice

Misdiagnosis can happen in emergency rooms, doctor’s offices, hospital labs, and in all medical fields. A missed, mistaken, or late diagnosis can lead to serious injury or wrongful death. 

Some of the most commonly misdiagnosed medical conditions are:

Missed or delayed diagnosis can cause the loss of valuable time in the treatment of the disease.  Untimely diagnosis of some conditions like breast, prostate, lung, skin, ovarian, and other types of cancer can turn a treatable disease into a terminal condition. 

Our medical malpractice law firm obtains a complete set of medical records to help determine whether similarly qualified healthcare professionals should have reasonably made the correct diagnosis in time for treatment to have been performed.  

Additionally, expert witness consultations are necessary to obtain opinions as to whether medical providers deviated from accepted standards of medical care when diagnosing, or failing to diagnose, your condition. Experts can also help us determine whether the misdiagnosis interfered with the treatments that could have been used to cure or minimize cancer or another medical condition.

When Medical Negligence Causes Birth Injuries

Injuries occurring to the child and/or to the mother during the course of birth can cause lifelong injuries or even death.  The following are common in birth injury cases that arise because of medical negligence.

If your child suffered birth injuries that might have been preventable, our medical malpractice attorneys will collect evidence to determine whether the hospital staff, physician performing the delivery, anesthesiologists, or other medical professionals deviated from the standard of care that was expected of them during your pregnancy, labor, and delivery. 

Emergency Room Errors

Most people enter the emergency room with serious injuries or illnesses that require urgent care. Patients expect that emergency room physicians are properly trained and have the ability to diagnose conditions and administer medical treatment under pressure. However, emergency rooms are fast-paced and demanding environments, increasing the risk of critical medical errors that can cause severe, permanent, or life-threatening injuries.

Common medical errors in emergency rooms include, but are not limited to:

• Delays in running medical tests
• Mistakes in interpreting medical tests
• Delays in providing medical treatment
• Medication errors
• Not listening to a patient’s symptoms or medical history
• Discharging patients due to lack of insurance
• Hand-off errors or errors made during the transfer of patients when work shifts change

Because doctors and medical providers tend to be trusted persons in the eyes of the public, medical malpractice claims can be difficult to navigate and present to juries.  To successfully recover compensation in a medical malpractice or medical error claim, hiring an experienced attorney who is familiar with the proper methods of investigation and how to locate experts in the same or similar fields for medical opinions and testimony is essential.

Hospital Negligence and Malpractice

When injured or ill patients check into a hospital, they should be able to trust that the facility is providing qualified and experienced staff to render medical care and/or assistance. When patients are injured or killed because hospital staff members are negligent, unqualified, or reckless with treatment, the staff member and hospital may be able to be held liable. 

During hospital visits, patients may encounter many types of medical professionals, including medical assistants, nurse practitioners, registered nurses, radiologists, anesthesiologists, physicians, lab technicians, pharmacists, administrative personnel, insurance specialists, security personnel, and a wide range of other hospital staff members.

Oftentimes, when people are injured or ill and receiving medical care in a hospital setting, so many different professionals are encountered that patients do not recall names. For this reason, it is important to acquire a complete set of medical records. Every effort should be made to identify all parties the patient encounters during the hospital stay, so anyone who may have contributed to the negligence can be held accountable. 

Hospitals sometimes use the services of outside or independent contractors or subcontractors to render medical care for patients. If the negligent healthcare providers are not direct employees of the hospital, but rather an independent contractor or contracting company, the contracting agency may be able to be held liable for any injuries caused.

Hospital and Staff Negligence Takes Many Forms

Examples of hospital malpractice include:

• A nurse failing to report an accurate medical history or condition to the doctor
• Failure to identify and appropriately treat infections
• The hospital pharmacy failing to correctly fill prescriptions as prescribed by the physicians
• Failure of the hospital staff to assist or render medical attention in emergency situations
• Failure to properly monitor patients during surgical procedures, resulting in falls off of operating tables or slip and falls in showers or bathroom visits during the hospital stay

Surgical Errors Are On the Rise

According to recent research from Johns Hopkins University, surgical errors occur more than 4,000 times each year in the United States. At least 39 times each week, foreign objects like towels and sponges are left inside patients. Approximately 20 times per week, surgeons operate on the wrong body part or patient or perform the wrong surgery entirely. 

Examples of surgical errors that may constitute medical malpractice include:

• Performing unnecessary surgery
• Damaging organs, nerves, or tissues during surgery
• Using non-sterile surgical instruments
• Leaving medical equipment or products inside the patient
• Proving inadequate and unreasonable medical care postoperatively
• Performing an incorrect procedure
• Performing a procedure on the incorrect body part

Mistakes by Anesthesiologists

Mistakes by an anesthesiologist can cause brain injuries and even death.  Examples of errors made by anesthesiologists include:

• Failure to review a patient’s records for possible risk factors
• Administering an incorrect, inadequate or excessive amount of anesthesia
• Failure to monitor vital signs
• Use improper or defective equipment
• Otherwise, render unreasonable anesthesiology services

Medical Malpractice Injuries From Medical Devices

Sometimes, patients suffer harm due to defective devices, or because their healthcare providers fail to properly monitor for complications. Examples of malpractice involving medical devices include:

• Surgical mesh complications
• Defective pain pumps
• Allergic reaction to medical devices
• Implant failure
• Faulty stents or grafts

Affidavits of Merit and the Use of Expert Witnesses in Medical Malpractice Cases

Medical malpractice claims are unique in Illinois in that the civil procedure for filing a lawsuit requires that an affidavit be signed and attached to the lawsuit. The affidavit must indicate that the medical records, medical care, treatment, and facts and circumstances have been reviewed by a medical expert and/or medical doctor to certify that there is a reasonable and meritorious cause of action for medical malpractice.  An expert in the same or similar field should be consulted to receive medical opinions prior to the filing of a lawsuit. 

Medical malpractice claims are vigorously defended by negligent healthcare providers, malpractice insurance carriers, and self-insured hospital systems even in light of facts that demonstrate complete negligence. In many cases, negligent medical providers are hesitant to consent to settlements, as settlements are often required to be reported to a licensing authority or affiliated organization.

Recovering Damages in a Peoria Medical Malpractice Lawsuit

If you were injured due to negligence on the part of your healthcare provider, you may be entitled to compensation for your associated losses. The time you have to bring a medical malpractice lawsuit is generally limited to two years, however. Starting your claim right away ensures that you retain your right to recover compensation for your losses. 

Common damages recovered from settlements and jury awards in medical malpractice claims include:

• Current and future costs of treating the injuries
• Rehabilitation costs
• Lost wages
• Lost earning capacity
• Pain and suffering
• Scarring and disfigurement

Your medical malpractice lawyer will review the specific circumstances of your case to help determine the types and value of the damages to which you may be entitled. The overall worth of your case will vary based on factors such as the mistake made and the severity of your injuries.

Frequently Asked Questions About Illinois Medical Malpractice Cases

Do I Need a Medical Malpractice Lawyer?

While hiring a lawyer to file a medical malpractice claim is not required, it is highly advised. An attorney experienced in handling doctor negligence cases will review the specifics of your situation to identify any liable parties and help pursue the maximum compensation for your associated losses.

What Should I Do if I’ve Suffered From Medical Malpractice in Illinois?

Your first priority if you believe you’ve suffered from medical malpractice should be to ensure your health and well-being. After seeing a qualified healthcare provider to address any ongoing medical issues you’re experiencing because of issues related to a device or your doctor’s actions, you should consult with a lawyer. Be sure to keep all medical records, bills, and receipts related to your treatment and the resulting complications, as these may aid your attorney in building your case.

Is There a Cap on Medical Malpractice Damages in Illinois?

Illinois does not cap the damages you can recover in a medical malpractice claim. Therefore, you may pursue the full amount of your economic and non-economic losses.

How Are Medical Malpractice Claims Made?

The first step in pursuing a medical malpractice claim is to consult with an experienced attorney. Your lawyer will gather evidence to support your claim, and consult with a medical expert to obtain the affidavit of merit. Your chosen legal representative will typically send a demand letter seeking compensation to the healthcare provider’s insurance company. If you are not able to reach a reasonable settlement through negotiations, your lawyer will file a formal lawsuit with the court.