Chicago medical malpractice lawyer

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Chicago Medical Malpractice Lawyers

Negotiating and trying cases when medical care in Illinois worsens your health instead of improving it

All healthcare providers are required to meet the standard of care that similar professionals provide to their patients. When medical care falls below these standards and causes death, permanent injuries, or any type of harm, then the hospitals and medical team that provided this subpar care should be held accountable for two reasons. The first reason is to compensate the injured person or family for the damage they caused. The second reason is to deter or prevent medical malpractice from happening again.

At Gainsberg Injury and Accident Lawyers, our Chicago medical malpractice lawyers have the experience to help injured patients get justice. We help you determine who was at fault and why. We do this by reviewing your case with you, examining all the relevant medical records, and analyzing what happened with expert medical professionals. We work with your doctors to properly diagnose all your injuries and understand your prognosis. Our team can then file suit for any necessary medical surgeries to correct the malpractice, doctor visits, all medical prescription costs, and the need for any medical equipment. We demand compensation for economic loss, including lost wages and all the pain and suffering you endured. In death cases, we file wrongful death claims on behalf of the family.

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Disclaimer

What is medical malpractice?

Medical malpractice occurs when a healthcare professional, like a doctor, nurse, or hospital, fails to provide you with the proper care, and that failure causes harm. Not every bad outcome is malpractice, but when a provider doesn’t follow accepted medical standards and you suffer because of it, you may have a valid claim.

Some common examples of malpractice include:

  • A doctor fails to diagnose a serious condition like cancer, stroke, or heart attack in time.
  • Operating on the wrong body part, leaving surgical tools inside the patient, or causing avoidable damage during surgery.
  • Giving the wrong drug, the wrong dose, or a medication to which the patient is allergic.
  • Improper delivery techniques that injure the baby or mother.
  • A doctor diagnoses a condition but doesn’t offer or follow up with appropriate treatment.
  • Mistakes made while administering anesthesia, leading to brain injury or death.

These are just a few examples. Medical malpractice can happen in many different situations, from routine checkups to emergency surgery.

Serious Types of Injury Cases

Some of the more serious types of injuries our firm handles are:

Gainsberg Injury and Accident Lawyers in Chicago

How common is medical malpractice?

In 2022, 31.2 percent of physicians reported that they had been sued at some point in their careers.

In Illinois, the Department of Insurance and the Illinois Department of Public Health track complaints and claims related to malpractice. Chicago, with its large hospital systems and many healthcare providers, sees a significant number of these cases each year.

Common types of medical malpractice cases

Our firm represents patients when the following type of medical malpractice happens:

  • Failure to diagnose. Common illnesses that doctors fail to diagnose or delay the correct diagnosis are cancer, heart disease, pneumonia, pregnancy complications, and pulmonary embolisms.
  • Lack of informed consent. Doctors have a duty to disclose to the patient the risks of surgery or treatment. They must get the patient’s consent before proceeding.
  • Birth injuries. Examples of birth injury include brain damage, loss of oxygen, cerebral palsy, Erb’s palsy, and nerve damage.
  • Improper treatment.Doctors are negligent if they operate on the wrong body part, fail to perform the right corrective surgery, leave an object behind, or create an unnecessary risk of infection.
  • Testing failures. Healthcare providers should provide the right test for the disease or ailment. They must also read the results correctly. Common medical tests that often lead to medical error are X-rays, ultrasounds, MRIs, CT scans, and blood tests.
  • Medication errors. Mistakes include prescribing the wrong drug and prescribing the right drug but in the wrong amount. Medication negligence also includes not considering the other prescriptions the patient is taking.

There are many other types of medical malpractice including dental malpractice, psychological malpractice, and failing to prescribe the correct medical device. Our Chicago medical negligence lawyers understand the full range of medical mistakes healthcare providers make and the sometimes-life-threatening dangers these complications cause.

Who is liable for my Chicago medical malpractice claim?

Medical malpractice cases are not limited to doctors. Anyone involved in your care might be liable, including:

  • Physicians, like general practitioners, specialists, surgeons, etc.
  • Nurses, especially if they administer the wrong medication or fail to monitor a patient properly.
  • Anesthesiologists, responsible for keeping patients safely sedated during procedures.
  • Pharmacists may dispense the wrong medication or dose.
  • Hospitals or clinics may be liable for poor staffing, inadequate training, or unsafe procedures.
  • Medical device manufacturers, if a faulty medical device was used during your care.

Our skilled Chicago medical malpractice lawyers can investigate all possible parties who might share responsibility.

How do you prove medical malpractice in Chicago?

Medical malpractice cases can be complex. To win your case, you need to prove four things:

  1. A doctor-patient relationship existed. This means the provider had a duty to care for you.
  2. The provider was negligent. They failed to meet the accepted medical standard of care.
  3. That negligence caused your injury. There must be a clear link between the mistake and your harm.
  4. You suffered damages, such as pain, additional medical bills, lost wages, or permanent disability.

Illinois law also requires you to submit an affidavit of merit from a medical expert when you file a malpractice claim. This expert must review your case and confirm that your injuries may have been caused by negligence. This step is one reason why it’s essential to have an experienced attorney on your side.

What is the value of my Chicago medical malpractice claim?

If you win a medical malpractice claim in Illinois, you may be entitled to compensation for:

  • Medical expenses, including past and future bills related to your injury.
  • Lost income, if you missed work or cannot return to your job.
  • Pain and suffering, which includes your physical pain and emotional distress.
  • Loss of enjoyment of life, if your injury limits your ability to do the things you love.
  • Disability or disfigurement, which includes long-term changes to your body or abilities.

There is no cap on how much you can recover in damages in Illinois. The state Supreme Court struck down previous damage caps as unconstitutional in LeBron v. Gottlieb Memorial Hospital (2010).

How long do I have to file a medical malpractice claim in Illinois?

In most cases, you have two years from the date you knew, or should have known, about the injury to file a lawsuit. This is called the statute of limitations.

However, no claim can be filed more than four years after the malpractice happened, even if you didn’t discover the harm right away.

There are special rules for minors. If the victim is a child, the deadline may be extended to eight years, but not beyond the child’s 22nd birthday.

Because of these time limits, it’s important to speak with a lawyer as soon as you suspect something went wrong with your care.

Why do I need a Chicago medical malpractice lawyer?

Medical malpractice cases are hard-fought. Hospitals and insurance companies have teams of lawyers working to protect them. To have a fair chance, you need a skilled legal team on your side. At Gainsberg Injury and Accident Lawyers, we have years of experience handling complex medical malpractice claims in Illinois. Here’s how we help:

  • Investigating your case thoroughly. We gather medical records, speak with experts, and identify all the responsible parties.
  • Working with medical experts. To support your claim and explain how your care went wrong.
  • Negotiating fair settlements. We fight for every dollar you deserve.
  • Taking your case to trial. If the other side won’t offer a fair settlement, we’re fully prepared to take your case to court.

We don’t charge upfront fees. We work on a contingency fee basis, which means you only pay us if we win or settle your case.

How do I get started on my medical malpractice case?

If you believe you were harmed by medical malpractice, don’t wait. The sooner you speak to a lawyer, the better your chances of getting the compensation you need. Here’s how to get started:

  • Document everything. Keep all medical records, prescriptions, bills, and communications.
  • Write down your experience. Include dates, symptoms, and what you were told by your provider.
  • Call Gainsberg Injury and Accident Lawyers. We’ll listen to your story and let you know your options.

You don’t have to face this alone. We’re here to guide you every step of the way.

Why choose Gainsberg Injury and Accident Lawyers for my Chicago medical malpractice case?

At Gainsberg Injury and Accident Lawyers, we combine compassion with aggressive representation. We understand how overwhelming it is to be injured by the very people you trusted with your health. That’s why we fight hard to make sure victims are heard, respected, and fairly compensated.

We have earned a strong reputation in the Chicago legal community, with decades of combined experience, successful verdicts and settlements, and hundreds of satisfied clients.

When medical care fails you, we won’t.

Do you have a Chicago medical malpractice lawyer near me?

Gainsberg Injury and Accident Lawyers is located at 77 W Washington Street, Suite 1215, right in The Loop neighborhood in downtown Chicago. There are two bus stops right near us if transportation is an issue.

Contact our Chicago medical malpractice lawyers today

If you were injured, or if a loved one was disabled or died due to the fault of doctors who were careless or unprofessional, the Chicago medical malpractice attorneys at Gainsberg Injury and Accident Lawyers are ready to help. Please call us or complete our contact form to schedule a free consultation. We handle medical malpractice cases on a contingency fee basis.

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