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Chicago Medical Malpractice
& Nursing Home Attorneys

Going to any healthcare provider means putting your well-being in someone else’s hands. Most of the time, everything goes smoothly, and you receive the care you deserve. Other times, though, medical negligence can lead to catastrophic injuries that turn your life upside down.

If you’ve suffered losses because of a healthcare professional’s error, hiring medical malpractice attorneys can give you the chance to receive compensation. At Hart McLaughlin & Eldridge, our team can guide you through the process of filing a claim and holding the liable parties responsible.

Learn more about what these claims involve and how we help.

Learn more about Medical Malpractice & Nursing Home
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What Is Medical Malpractice?

Medical malpractice is a term used when a medical professional’s conduct falls below the accepted standard of care, causing injuries that could have been prevented. Some people assume that any time a healthcare provider causes harm, it’s automatically malpractice. However, that’s not the case.

Medical malpractice lawyers represent clients who have been hurt in a manner that wouldn’t have occurred if their provider had offered a higher level of care. 

What Is Medical Negligence?

To substantiate a claim of malpractice, it’s essential to establish medical negligence. Lawyers for medical malpractice strive to show that a duty of care existed between the patient and the healthcare professional.

The next step is to prove that the provider breached their duty of care. This is typically the most difficult thing to prove in medical malpractice cases.

Unlike other personal injury cases, such as premises liability or automotive and trucking claims, it’s not enough to prove that another reasonable person wouldn’t have behaved in the same manner. For medical negligence, you must show that another health professional wouldn’t have made the same error. 

The final step is to demonstrate that the breach in the medical professional’s duty of care resulted in the harm you suffered. Because of how complex all of these requirements are, it’s essential to rely on a medical negligence attorney when filing a claim.

Most Common Types of Medical Malpractice

There are many forms of medical malpractice, but some of the most common include:

  • Delayed diagnosis
  • Misdiagnosis
  • Surgical errors
  • Medication errors
  • Failure to treat
  • Birth injuries
  • Emergency room errors 
  • Failure to monitor vital signs
  • Failure to provide adequate aftercare

Any harm that comes to a patient as a result of the negligence of their provider can be considered malpractice. Moreover, all types of medical professionals can be defendants in medical malpractice cases.

Filing a Medical Malpractice Claim in Chicago

To pursue a claim for medical malpractice in Illinois, you’ll first need to submit an affidavit of merit. This document must be provided by a medical professional in the same field as the defendant and must clearly state that your case has merit. 

This is a challenging aspect of the process, and might prevent some injury victims from starting a claim. When you have a medical malpractice lawyer helping you, you won’t have to worry about this step. Our team works closely with a variety of expert witnesses in the medical field who can review your case and, if appropriate, provide affidavits of merit. 

Once the legal process has formally begun, we’ll investigate the malpractice incident and gather evidence demonstrating that your injuries could have been avoided. We’ll seek to obtain medical records, logs, camera footage, eyewitness statements, and anything else that paints a clear picture of what happened.

It’s important to keep in mind the state’s statute of limitations for medical malpractice. Illinois gives victims two years from the date their injuries occurred (or the date they were reasonably discoverable) to initiate a claim. This is an important point since you may not realize until months or even years later that the care you received caused harm.

If you miss this deadline, you won’t be able to file a claim. Our team can ensure that the proper steps are taken correctly and on time.

FAQ

Can I File a Medical Malpractice Claim Against a Hospital in Chicago?

In some instances, yes. If the negligent provider is an employee of the hospital, vicarious liability makes the hospital responsible, too. However, if the doctor is classified as an independent contractor, liability may apply only to them.

Can I Be Partly Responsible for My Injuries and Still Recover Damages?

Yes. Illinois has modified comparative negligence laws that allow plaintiffs who contribute to their own injuries to recover damages as long as they’re less than 50% at fault. Your final settlement or jury verdict will be reduced by your degree of liability.

What Happens if a Loved One Dies Because of Medical Malpractice?

If you’ve lost a loved one as a result of malpractice, you may be eligible to file a wrongful death claim. Wrongful death cases are similar to personal injury cases, except that the victim is no longer able to bring a claim themselves. You may also be eligible to bring what is called a “survival claim” for the pain and suffering your loved one experience before they passed.

What Damages Can I Pursue in a Chicago Medical Malpractice Case?

You can seek compensation for all relevant medical expenses, including hospital stays, medications, and the cost of future care. If you’ve been forced to miss work, you may be able to obtain damages for lost wages or loss of earning potential if you can’t return to your former position.

You may also be able to receive compensation for pain and suffering, loss of a normal life, disability, disfigurement, and the emotional distress you’ve experienced.

Our Medical Malpractice & Nursing Home Attorneys

Get Reliable Legal Support From Our Chicago Medical Malpractice Attorneys

If a medical professional failed to offer quality care and you suffered injuries as a result, filing a medical malpractice claim can give you the chance to receive financial assistance to deal with your losses. To improve your chances of success, it’s a good idea to work with an experienced team of medical malpractice lawyers in Chicago. 

Hart McLaughlin & Eldridge can provide the legal support you need as you navigate your claim. With our team on your side, you can focus on healing while we handle the legal considerations.

Don’t wait to begin your claim. Contact us today to schedule a free, no-obligation consultation.