Wheeling Medical Malpractice Lawsuits
Despite decades of schooling, doctors are human and, like everyone else, make mistakes. If you suffered injuries due to negligent medical care, you may be entitled to monetary compensation through a Wheeling medical malpractice lawsuit. At the law firm of Briskman Briskman & Greenberg, our personal injury and medical malpractice attorneys represent patients who fell victim to medical malpractice. We have over 35 years of experience aggressively pursuing maximum compensation on behalf of our clients, so they can focus on their recovery and moving on with their lives.
What Is Medical Malpractice?
Medical malpractice is an area of personal injury law that focuses on the liability of healthcare professionals. In other words, medical malpractice is another phrase for professional negligence committed by doctors, dentists, nurses, pharmacists, physical therapists and other medical professionals.
A few common examples of medical malpractice include:
• Surgical errors
• Prescription mistakes
• Misdiagnoses and delayed diagnoses
• Birth injuries
• Misreading test or lab results
• Inadequate follow-up treatment
• Failure to take a patient’s history into account
Proving a Wheeling Medical Malpractice Claim
Medical malpractice cases involve a complex intersection of law and medicine. And, as a result, they are among the most complicated personal injury cases. To prove a medical malpractice claim against a doctor or other healthcare worker, you must be able to show:
1) The existence of a doctor-patient relationship;
2) The doctor provided care that fell below the generally accepted standard;
3) The doctor’s negligence resulted in or worsened your injuries.
However, before you file a medical malpractice claim in court, you must comply with very specific procedural rules. Most notable is the affidavit of merit. An affidavit of merit is a statement from a healthcare professional who practices in the same field as the defendant healthcare provider, indicating that they believe your claim has merit.
Damages in a Medical Malpractice Lawsuit
The injuries in medical malpractice cases vary significantly, as do the damages awards. Generally, successful plaintiffs can recover compensation for the following:
• Medical expenses
• Lost wages
• Decrease in earning capacity
In addition, you can recover compensation for the non-economic damages you sustained, such as pain and suffering, permanent disability or disfigurement, and emotional anguish. And unlike many other states, Illinois law does not cap the amount of non-economic damages that you can recover in a medical malpractice lawsuit.
How Long Do I Have to File a Medical Malpractice Claim?
Under Illinois law, medical malpractice claims must be brought within two years from the date you discovered that you may have a claim. In some cases, this will be the treatment date; however, that is not always the case. Often, a patient does not know that something went wrong during a medical procedure right away. In these cases, the statute of limitations does not start until you realize that a doctor’s negligence may have resulted in you being injured.
However, in no event can a claim be filed more than four years after an allegedly negligent act based on the state’s statute of repose. There is an exception for minor patients that gives them up to eight years to file a claim or up until they turn 22.
It is always a good idea to file a claim sooner rather than later. Wheeling medical malpractice claims are often exceptionally complex and require thorough preparation. These cases take months, if not years, to go to trial. Thus, the sooner you reach out to a medical malpractice attorney, the sooner you could recover compensation related to your injuries.
Contact the Medical Malpractice Lawyers at Briskman Briskman & Greenberg
If you, your child or a family member recently suffered what you believe to be negligent medical care, reach out to the dedicated Wheeling medical malpractice lawyers at Briskman Briskman & Greenberg. Our knowledgeable attorneys work with respected experts who can help you prove your case. As part of the Briskman Guarantee, we will provide you with a free consultation during which we can answer all your questions and, we will never bill you for our services unless we can help you recover compensation for your injuries. To learn more and schedule a free consultation with one of our Wheeling medical malpractice lawyers, give us a call at 877-595-4878. You can also reach us through our online contact form.