North Chicago Medical Malpractice Attorneys

Healthcare is a popular topic in the United States regarding medical care, laws and regulations, affordability, access, treatment, medication and health insurance. People get annual checkups as preventive care and maintenance. Medical professionals also check patients for health concerns, complaints or symptoms. Diagnosing chronic and sudden-onset illnesses can lead to long-term procedures and continual doctor visits.

A National Ambulatory Medical Care Survey reports that more than 860 million physician office visits occurred in 2018. Over half of the visits were to a primary care doctor. For the remaining visits, nearly 25 percent went to surgical specialists, while over one-fourth were medical specialty visits. In a 2018 survey released by the National Center for Health Statistics regarding emergency department visits, of the approximately 130 million visits for the year, 35 million were injury related.

Many patients may experience anxiety, nervousness, fear, and worry about going to the doctor. Planned and unexpected visits to the medical office or hospital can cause prolonged or onset of negative emotions. Despite the hesitation to seek medical care, people continue to go for their health, safety, and overall wellness.

Patients trust their doctors, nurses, and other medical professionals for their checkups, treatments, prescriptions and procedures. The professionals have the healthcare education, training and experience that patients rely on to ease their minds and take care of them.

Healthcare professionals have a duty to provide proper care to their patients. When they fail to meet their duty, they can cause injury or death to a patient. The patient or surviving family member can seek compensation for damages by filing a medical malpractice lawsuit.

If you or a loved one suffered injuries or death due to medical negligence, contact an experienced North Chicago medical malpractice attorney at Briskman Briskman & Greenberg. Call 1-877-595-4878 today to schedule a free consultation.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional harms a patient by a negligent act or omission. Such malpractice also includes incidents at hospitals and healing art establishments. The healing arts, sometimes referred to as alternative medicine, are specialties that promote health and well-being, such as chiropractic, massage therapy and acupuncture. Doctors may direct patients to the healing arts as additional treatments to medical care plans.

Healthcare professionals have a duty of care to their patients. The care must meet the generally accepted standards of the profession. The failure to meet the professional standard is a breach of the duty of care. If the breach is the legal cause of the patient’s harm, the healthcare professional is at-fault and liable for the victim resulting damages.

Examples of medical negligence which can lead to a malpractice lawsuit are:

• Failure to diagnose
• Misdiagnosis
• Incorrect medication or dosage
• Unnecessary or inappropriate surgery or treatment
• Surgical errors
• Anesthesia errors
• Failure to get informed consent
• Surgical instrument left inside of a patient

Res Ipsa Loquitor medical malpractice

Res ispa loquitor is a legal term that means “the thing speaks for itself.” The doctrine presumes negligence solely based on the occurrence of the act or omission. In a res ipsa loquitor medical malpractice case, the plaintiff must prove that the medical result ordinarily does not happen without negligence.

Under Illinois law, if the plaintiff files a medical malpractice case based on res ispa loquitor, the court must decide if the res ispa loquitor applies. To make the determination, the judge must rely on laypeople’s common knowledge or the testimony of medical experts.

• The plaintiff has the burden of proving res ispa loquitor medical malpractice by showing:
• The plaintiff has injuries;
• The injuries are a result of an instrument or procedure under the defendant’s control or management; and
• The injury would not occur if the defendant acted with the professional standard of care while using the instrument or performing the procedure.

Filing a medical malpractice lawsuit in North Chicago, Illinois

A medical malpractice lawsuit in North Chicago, Illinois begins when the injured patient or their representative files a complaint with the appropriate court. The plaintiff is the party that files the lawsuit. The party that the suit is against is the defendant.

After filing the complaint, the plaintiff must notify the defendant of the lawsuit by serving him with the summons and complaint. The defendant has 30 days to respond to the complaint unless the court gives a time extension.

Affidavit of merit

The plaintiff must file an affidavit of merit in a medical malpractice suit in Illinois. The person who signs and affirms the affidavit is the affiant. The affidavit must state one of the following:

The affiant consulted and reviewed the case facts with a health professional that the affiant reasonably believes is knowledgeable of the issues, practiced or taught in the specialty at issue within the last six years, and qualified in the subject of the case; and a determination by the profession and affiant that is a reasonable and meritorious cause to file the legal action. The affiant was unable to get the health professional consultation before the expiration date of the statute of limitations.

Failure of the plaintiff to submit an affidavit of merit is grounds for the court to dismiss the lawsuit. The defendant can respond to a complaint without an affidavit of merit by filing a motion for dismissal of the case.

Statute of limitations

The statute of limitation is the time the law gives an individual or entity to file a legal action., The clock can start from the date of the wrongful conduct or when the harmed party discovers such conduct occurred. In specific cases, the statute of limitations stops for a certain time. When the deadline passes to file the lawsuit, the law removes the right to bring the legal claim.

In Illinois, the statute of limitation to bring a medical malpractice lawsuit is two years from the date the claimant knew, should have known or had written notice of the injury or death, whichever date occurs first. Regardless of the method of notice, the claimant can only file the case up to four years after the date of the medical harm.

Tolling of the statute of limitations for medical malpractice in Illinois

After a person suffers a legal injury, the statute of limitations can toll the time for the party to file a lawsuit. Tolling means the clock stops running for the period the law requires to initiate the case. Illinois law pauses the statute of limitations when the claimant has a legal disability, such as:

• Age less than 18 years old
• Mental deterioration
• Mental illness
• Developmental disabilities

An injured party under the age of 18 at the time of the injury has up to eight years after the date of the harm to file a medical malpractice case. However, the claimant cannot bring the lawsuit after they turn 22 years old. If a person remains a minor after the eight-year limitation, a parent, guardian, or other appointed adult, can file the lawsuit on behalf of the child before the deadline.

The statute of limitation for a claimant with a legal disability other than being less than 18 years old does not start until the disability ends. In some cases, the patient does not have a legal disability at the time of the malpractice. If he acquires it before the deadline to file the lawsuit, the statute of limitation clock pauses until the disability ceases.

Wrongful death medical malpractice

Medical malpractice can cause minor to severe injuries to patients or a patient’s death. Illinois law defines wrongful death as a death resulting from a wrongful act, neglect or default.

The deceased person has a cause of action for wrongful death medical malpractice if the individual could have brought the lawsuit if they were alive. The personal representative of the deceased’s estate files the malpractice lawsuit. The money recovered from the case is for the benefit of the deceased’s surviving spouse and next of kin.,

Comparative negligence

An act or omission of a medical professional or facility can cause injury to death to the patient. However, the injured party can contribute to medical negligence. If a patient fails to provide complete and accurate information about their medical history or symptom, the doctor can perform unnecessary treatments or administer harmful medications to the patient.

When patients contribute to their medical harm, Illinois law applies the doctrine of modified comparative negligence. The judge or jury determines the plaintiff’s percentage of fault for the injury or death. If the plaintiff is more than 50 percent at fault, he cannot receive compensation from the suit. If the injured party’s fault is 50 percent or less, state law reduces the recovery by the percentage of the plaintiff’s fault.

Damages

Damages are financial compensation for any injury, harm or loss a victim suffers from the wrongful conduct of another. In a medical malpractice lawsuit, the plaintiff can seek compensatory damages, including economic and noneconomic losses. The plaintiff has the burden of proving that the defendant caused harm and showing the monetary value of the losses.

Illinois law defines economic loss as damages that cause financial harm to the victim. The economic losses in a medical malpractice lawsuit can include the following:

• Past and future medical expenses
• Future rehabilitation medical care
• Ongoing medical care
• Lost wages
• Loss of employment
• Loss of earning capacity

Noneconomic losses are the physical, emotional, mental and psychological aspects of the medical malpractice that a patient suffers. That do not have set amounts to calculate a total. They include mental anguish, pain, suffering, loss of companionship, loss of enjoyment of life, disfigurement, inconvenience and emotional distress.

Hiring an attorney

Medical malpractice cases involve significant time and work to handle the claims. Injuries from healthcare negligence can require extensive recovery and rehabilitation. The physical impairments and pain make it more challenging to travel and focus on the case.

In wrongful death medical malpractice claims, the surviving family members deal with losing their loved ones. They also must manage the deceased’s estate, finances, and debts outside of the medical malpractice occurrence.

It is best to hire a knowledgeable and experienced North Chicago medical malpractice attorney who can protect your legal rights. Call Briskman Briskman & Greenberg today at 1-877-595-4878 to schedule a consultation.

Additional Medical Malpractice Resources

• Do I have a medical malpractice case?
• Medication Errors Are More Common than You May Think
• Most Common Types of Birth Injuries
• What Happens During a Medical Malpractice Lawsuit in Illinois?

Medical Malpractice Lawyers Available Throughout Illinois

• Chicago Medical Malpractice Attorneys
• Lake County Medical Malpractice Lawyers
• Mundelein Medical Malpractice Attorneys
• North Chicago Medical Malpractice Attorneys
• Oak Lawn Medical Malpractice Lawyers
• Orland Park Medical Malpractice Lawyers
• Waukegan Medical Malpractice Lawyer
• Wheeling Medical Malpractice Attorney