As the largest city and the county seat in Lake County, Illinois, Waukegan is home to nearly 90,000 people – all of whom need medical care from time to time. Waukegan and Lake County as also home to several medical offices, clinics, and hospitals that provide care to Waukegan’s residents and visitors.

When Waukegan residents or visitors see a doctor, they trust that medical professionals will help them determine their medical needs and address them appropriately. When medical providers fail to diagnose or treat a condition according to the standard of care, serious harm can result. A patient who sought medical help to get better may find that their condition has instead become much worse.

If you’ve been injured and you suspect medical malpractice is responsible, talk to the experienced Waukegan medical malpractice attorneys at Briskman, Briskman & Greenberg today.

Medical Error and Injury Statistics

Medical errors affect millions of US residents each year. In 2016, a Johns Hopkins University study indicated that medical errors may be the third leading cause of death in the United States after heart disease and cancers.

Common medical errors include:

• Injuries suffered during medical treatment. Not all medical treatments are risk-free, but the risks can be reduced for many treatments. Failure to follow the standard of care can cause avoidable injuries. These injuries comprise about one-third of all medical malpractice claims filed in the US annually.
• Failure to correctly diagnose a medical condition. Failure to diagnose, delayed diagnosis, or misdiagnosis all come with the risk that a patient will not get the treatment they need. In some cases, patients receive treatment for the wrong condition, which can also cause harm. Approximately one-third of all medical malpractice claims involve a failure to make a correct diagnosis.
• Medication errors. According to the US Food and Drug Administration (FDA), about 1.3 million people suffer harm from medication errors in the US each year. Medication errors also claim about 400 lives each year, or slightly more than one person per day.
• Documentation errors. Documentation errors, also known as “charting errors,” can lead to serious harm. A patient’s chart allows medical providers to communicate about a patient with one another – so every communication in the chart must be accurate. When documentation errors occur, patients may receive the wrong treatment, be exposed to known allergens, or suffer other errors that cause harm.

Many medical errors meet the definition of medical malpractice. Medical malpractice occurs when a medical provider fails to meet the standard of care that applies to their encounter with a patient. The standard of care is set by examining what an ordinary, reasonable provider would do in a similar situation. When providers fall short of that standard, they may be liable for medical malpractice.

Types of Medical Malpractice Injuries

Just as some forms of medical errors are more common than others, some forms of injuries are more common as well. Even rare injuries, however, deserve attention when they cause serious harm.

Injuries that may result from medical malpractice include:

• A missed diagnosis for a condition that continues to get worse. For example, many cancers can be treated if they are caught early, 一but if they are allowed to worsen, they may become incurable.
• An incorrect diagnosis may lead to a lack of treatment for what you do have and unnecessary treatment for what you don’t have. When a diagnosis is incorrect, the patient’s condition isn’t treated. Instead, the patient may receive unnecessary treatment – and suffer all the side effects that come with it.
• Surgical or procedure errors can cause serious harm. From mistakenly amputating the wrong limb to leaving surgical tools inside a patient or operating equipment incorrectly, surgical errors or errors during medical procedures can cause infections, permanent damage to organs or limbs, and more.
• Birth injuries can cause lifelong medical problems. Birth injuries are one of the most common types of medical malpractice claims. Lack of oxygen during birth can cause permanent brain injuries. Nerve damage and broken bones may occur if providers don’t take necessary care when assisting with delivery. Premature birth, which can lead to lifelong issues, is more likely if providers don’t monitor pregnancy or labor carefully.
• Anesthesia errors. May occur even if the surgery goes well. Anesthesia errors can include giving the wrong type or dose of medication, which can cause brain damage, breathing problems, and other serious conditions.
• Failures to follow sterile procedures. This can result in a patient contracting a hospital- or care-related infection. Many of these infections are difficult to treat. If the infection spreads throughout the body (Sepsis), it can become life-threatening or fatal.

The details of each medical malpractice case are unique to the person, the harm they suffered, and the events that led to that harm. For this reason, it’s important to speak to an experienced attorney about the details of your specific case.

Illinois Rules for Medical Malpractice Cases

In Illinois, medical malpractice claims follow a specific set of rules and procedures laid out in the state law. Some of these rules are similar to other personal injury claims. Others, however, are unique to medical malpractice cases.

Time Limits in Illinois Medical Malpractice Claims

For instance, Illinois law sets a time limit, called the “statute of limitations,” for filing a medical malpractice claim after an injury. Those injured in Illinois have two years to file their claim. If they don’t file the claim in this time frame, they cannot bring the claim to court.

Illinois law states that the two-year clock starts to run when an injured person knew or reasonably should have known they were harmed. Yet certain factors can affect how the clock runs.

Although the two-year clock may start when you discover your injury, it doesn’t run forever. Illinois’ “delayed discovery” rule states that a medical malpractice claim cannot be brought more than four years from the date of injury, no matter when you realize you were harmed.

People under the age of 18 at the time of medical malpractice also get more time to file their claims. An injured minor has eight years to bring a claim, but it can only be filed until their 22nd birthday.

Illinois’ Affidavit of Merit Requirement for Medical Malpractice

Illinois law also has an “affidavit of merit” requirement that is unique to medical malpractice claims. When a medical malpractice lawsuit is filed, the filing must include an affidavit from a healthcare professional.

State law lists specific requirements for an affidavit of merit. If these requirements are not met, the affidavit – and the filing it is attached to – will be rejected by the court.

Types of Compensation in Waukegan Medical Malpractice Claims

Like other types of injury claims, medical malpractice claims seek damages against a person or party liable for another’s injuries. These damages are often divided into two categories to make them easier to address.

Economic damages seek compensation for financial losses. They’re often demonstrated in court with paperwork like receipts, bills, and pay stubs. Common economic damages in medical malpractice claims include:

• Medical costs for the treatment of your injury,
• Lost wages if your injuries make you unable to work一both in the past and in the future,
• Reimbursement for mileage if you had to drive to and from additional medical appointments for treatment of your injuries.

Non-economic damages focus on non-financial losses. These losses don’t usually come with receipts or bills, but they are real. They may include:

• Pain and suffering you endured as a result of the medical malpractice.
• Scarring and disfigurement if your injury caused these.
• Loss of enjoyment of life if your injuries prevent you from going back to your hobbies.
• Participating in raising your children or doing other things you enjoyed.

Some states “cap,” or limit, non-economic damages in medical malpractice cases. Illinois is not one of them, however. In Illinois, you may recover the total amount of non-economic damages you can prove in court. The total may include future losses as well. For instance, if your injuries prevent you from ever working again, you can seek compensation for the wages you would have earned if you hadn’t been injured.

Because Illinois’ medical malpractice rules are complex, speaking to an experienced Waukegan medical malpractice lawyer is vital. Your attorney can help you navigate these complex rules to seek the compensation you need.

Speak to an Experienced Waukegan Medical Malpractice Attorney Today

A medical injury can feel as if the world has turned upside-down. You sought medical care, hoping to heal and return to daily life. Instead, you now face more doctor’s appointments and medical issues. You may live with the constant anxiety of knowing you have another appointment coming and wondering what might go wrong this time. You may wonder whether you’ll ever be able to return to your usual work and hobbies. You may fear that you won’t be able to make ends meet or give your family the life they deserve.

Many medical malpractice survivors face the same fears. The experienced Waukegan medical malpractice attorneys at Briskman, Briskman & Greenberg often hear these stories from our clients. We understand how medical injuries upend your life. That’s why we’re dedicated to helping our clients secure needed compensation. Talk to us today by calling 1.877.595.4878 to schedule a free and confidential case evaluation.