Medical errors can result in devastating injuries, but there is a difference between medical mistakes and malpractice. If your or a loved one has suffered injuries caused by medical negligence, Vaziri Law LLC can help.
When you meet with us, our Chicago medical malpractice attorney will assess the merits of your case and explore all your legal options. Our firm has the skills, resources, and determination to hold medical professionals accountable for their negligence and get you just compensation. Contact us today so we can start working on your claim.
What is Medical Malpractice?
Medical malpractice occurs when the negligence of a doctor, surgeon, hospital, or another healthcare provider:
- Harms a patient
- Worsens a medical condition
- Causes unexpected complications
Not every mistake constitutes malpractice, and you cannot file a lawsuit simply because you were dissatisfied with the treatment you received. To have a valid claim, you must prove that your injury was caused by medical treatment that deviated from the appropriate standard of medical care – the level of care a reasonably skilled doctor or healthcare provider would have provided under the same circumstances. You must also show that:
- The doctor’s negligence or incompetence directly caused your injury
- The injury led to specific damages, including past and future medical expenses, loss of income, disability, pain, and suffering
Reasons for Medical Malpractice Claims
Medical malpractice claims in Chicago typically arise from various negligent acts, including:
- Misdiagnosis, delayed diagnosis, or failure to diagnose
- Surgical errors
- Postsurgical infection
- Radiology errors
- Anesthesia errors
- Prescription errors
- Emergency room errors
- Birth injuries
- Medical device defects
- Lack of informed consent
In Illinois, a complaint must include an affidavit, or sworn statement, from your attorney stating:
- Your lawyer consulted a medical expert
- The expert was qualified based on experience and demonstrated competence to review your case
- The expert determined that there is a “reasonable and meritorious cause” for filing a medical malpractice lawsuit
A successful medical malpractice claim depends on conducting a thorough investigation and carefully presenting evidence at trial. An expert witness must testify that the defendant deviated from the standard of care.
Ultimately, you must prove medical negligence by a preponderance of the evidence, and a jury must find it is more likely than not that malpractice occurred. By working with an experienced medical malpractice attorney, you can prove your claim and obtain meaningful compensation to cover your losses and secure your financial future.
What is informed consent?
Doctors and other healthcare providers must inform patients of the potential risks, benefits, and alternatives to any treatment, surgery, or procedure. Also, patients must provide their written permission to proceed. In legal terms, this is referred to as “informed consent.” A healthcare provider who causes an injury but fails to obtain the patient’s informed consent may be responsible for medical malpractice.
How long do I have to file a medical malpractice lawsuit?
In Illinois, you have two years from the date of discovery to file a lawsuit. This is the date a patient discovers or should have discovered their injuries or the date a patient discovers or should have discovered that their injuries resulted from medical malpractice. This is referred to as the statute of limitations. There are exceptions to these limitations, so talk to an attorney today to understand your rights.
Notably, Illinois law bars a patient from filing a claim more than four years from the date the medical treatment allegedly caused the injury, regardless of the discovery date. Given the complexity and time constraints of filing a medical malpractice claim, having informed legal representation is essential.
How Our Firm Can Help
You can depend on us to conduct a thorough investigation, build a successful claim, and fight for the maximum compensation you deserve, including past and future damages for:
- Medical expenses
- Rehabilitation costs
- Loss of income
- Pain and suffering
- Permanent disability/disfigurement
- Emotional distress
- Loss of enjoyment of life
If medical negligence caused or contributed to the death of a loved one, we can help the personal representative of their estate file a wrongful death lawsuit. Money can never replace a life, but you deserve justice and compensation to protect your financial future.
We prefer to settle medical malpractice claims through settlement negotiations, but we are always prepared to litigate to achieve the best results. Above all, we will work in your best interests and stand by you every step of the way.
Contact An Experienced Chicago Medical Malpractice Lawyer
At Vaziri Law LLC, we know that being injured because of a medical provider’s negligence is devastating for victims and their loved ones. Let us handle your medical malpractice claim with the diligence and care it deserves. We will provide compassionate, effective representation and fight for every dollar you deserve. Contact us today to set up a confidential consultation.