Post-surgical infection medical malpractice in Chicago

Post-surgical infections can be devastating for patients and their families. While any surgery brings inherent risks, hospitals and medical providers have a duty to follow established protocols to prevent infections. When these standards are not met and a patient suffers harm as a result, it may give rise to a medical malpractice claim. At Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers, we understand the complexities of post-surgical infection cases in Chicago and throughout Illinois, and we help clients navigate the legal process to seek the compensation they deserve.

Understanding Post-Surgical Infections and Medical Negligence

Surgical procedures require precision, expertise, and a sterile environment. After surgery, patients rely on doctors, nurses, and hospital staff to follow strict infection control protocols. Unfortunately, infections still occur, sometimes due to preventable errors. Post-surgical infections can develop when bacteria enter the body through surgical incisions, catheters, or drains. Common examples include staph infections, MRSA, sepsis, or wound abscesses.

Medical negligence may be involved if the infection resulted from failures such as improper sterilization of equipment, noncompliance with hand hygiene standards, delayed diagnosis and treatment of infection, or premature discharge from the hospital. For example, if a nurse fails to change wound dressings properly or a doctor overlooks early signs of infection, the consequences can be severe, leading to prolonged hospital stays, additional surgeries, or even permanent disability.

If you or a loved one has suffered from a post-surgical infection, consulting a Chicago personal injury lawyer can help you understand your rights and determine whether you have a viable case for compensation.

Common Causes of Post-Surgical Infections in Chicago Hospitals

Despite advances in medical technology, post-surgical infections remain a significant problem in hospitals across Chicago. Several factors can contribute to these infections, many of which are preventable with proper care. Causes often include:

• Failure to sterilize surgical instruments or operating rooms
• Inadequate handwashing or use of gloves by medical staff
• Delayed removal of surgical drains or catheters
• Poor wound care after surgery
• Delayed recognition and treatment of early infection symptoms

For instance, a patient might undergo a routine knee replacement, only to develop a severe infection because the surgical site was not properly cleaned or because bacteria were introduced during the procedure. In other cases, overcrowded hospital conditions and overworked staff may contribute to lapses in infection control.

When these lapses occur, the impact on the patient can be life-changing. Infections can lead to tissue damage, organ failure, or even death. Families may face mounting medical bills, lost income, and emotional suffering. Pursuing a claim with the help of a medical malpractice attorney can help hold responsible parties accountable and provide much-needed resources for recovery.

Legal Requirements for Filing a Medical Malpractice Claim in Illinois

Illinois has specific legal requirements that must be met when pursuing a medical malpractice case involving a post-surgical infection. State law requires that the plaintiff or their attorney file an affidavit with the complaint. This affidavit must confirm that the plaintiff has consulted with a qualified, licensed health professional who has reviewed the case and believes there is a reasonable and meritorious cause for filing the lawsuit.

Alongside the affidavit, a written report from the reviewing health professional must be attached, identifying the reasons why malpractice is suspected. If the plaintiff is unable to obtain this consultation before the statute of limitations expires, additional time may be granted, but strict deadlines apply.

The statute of limitations for most medical malpractice actions in Illinois is two years from the date the injury was or should have been discovered, but no more than four years from the date of the alleged negligence. For minors and those under legal disability, special rules may apply. Failing to meet these requirements can result in dismissal of the case, making it crucial to work with an experienced medical malpractice lawyer who is familiar with Illinois law.

Proving Liability in Post-Surgical Infection Cases

Successfully pursuing a post-surgical infection medical malpractice claim relies on establishing both negligence and causation. This means showing that the healthcare provider failed to meet the accepted standard of care and that this failure directly caused the infection and subsequent harm.

For example, if a surgeon or hospital staff neglected to follow sterilization protocols or failed to respond promptly to signs of infection, and as a result, the patient suffered complications, this may constitute malpractice. Evidence in these cases often includes medical records, expert testimony, and infection control reports.

It’s important to note that not every post-surgical infection is the result of negligence. Some infections can occur despite competent care. However, if there is evidence of deviation from accepted practices—such as improper wound care, lack of follow-up, or ignoring patient complaints—a medical malpractice attorney can help gather the necessary evidence and present a compelling case. In many cases, hospitals and providers will have their own legal teams and insurance carriers, underscoring the importance of skilled legal representation for injured patients.

The Importance of Legal Representation in Medical Malpractice Claims

Navigating a post-surgical infection claim in Chicago is challenging. Hospitals and healthcare providers often have powerful legal resources. Victims must contend with complex medical evidence, strict procedural rules, and aggressive defense tactics. Trying to take on such a case without an attorney can be overwhelming.

That’s why working with a dedicated medical malpractice lawyer is so valuable. Your attorney can help you:

• Investigate the circumstances of your infection
• Consult with knowledgeable medical professionals
• Prepare and file the required affidavits and reports
• Negotiate with insurers or defendants for fair compensation
• Represent you in court if a settlement cannot be reached

Victims of post-surgical infections may be entitled to compensation for medical expenses, lost income, pain and suffering, and other damages. Every case is unique, and a lawyer’s guidance is critical for maximizing your chances of a successful outcome.

FAQs About Post-Surgical Infection Medical Malpractice in Chicago

What compensation can I recover for a post-surgical infection due to medical malpractice?

Victims may be eligible to recover costs for additional medical treatment, lost wages, pain and suffering, rehabilitation expenses, and sometimes punitive damages, depending on the circumstances. An experienced attorney will help evaluate your specific losses and work to secure the compensation you deserve.

How long do I have to file a post-surgical infection lawsuit in Illinois?

Generally, you have two years from when you knew or should have known about the injury, but you cannot file more than four years after the care that caused the infection. Special rules may apply for minors or those with legal disabilities. Consulting a lawyer promptly ensures your rights are protected.

Can I file a claim if the infection occurred after being discharged from the hospital?

Yes, you can pursue a claim if the infection becomes apparent after discharge, as long as you can show it resulted from improper care during or after surgery. Timely medical evaluation and documentation are key.

What should I do if I suspect my infection was due to medical negligence?

Seek medical treatment immediately to address the infection and prevent complications. Preserve all medical records, document your symptoms, and contact a qualified Chicago medical malpractice lawyer as soon as possible to discuss your legal options.

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