What to Know – Medical Malpractice Compensation and Claims
When you or someone in your family is the victim of a medical mistake, many questions arise. Do I have grounds for a malpractice lawsuit? How do I prove my doctor was negligent? What kind of medical malpractice compensation can I expect?
Here are five things you should know about medical malpractice claims and compensation:
1) What Is the Statute of Limitations for Medical Malpractice Claims?
In Illinois, medical malpractice lawsuits must be filed within two years of the patient or family member becoming aware (or should have become aware) of the malpractice or negligence.
Regardless of when the injury or condition is discovered, a lawsuit must be filed within four years of the incident where medical malpractice occurred.
If the injured person was 18 or younger when the medical malpractice occurred, the statute of limitations is eight years, or when the person turns 22, whichever comes first.
2) What Proof Is Required in a Medical Malpractice Case?
Medical malpractice is defined as a mistake made by a physician or other medical practitioner that causes serious harm to a patient. In legal terms, when a doctor fails to comply with a reasonable standard of care and the patient suffers as a result, it is considered medical malpractice.
In every medical malpractice case, the injured patient or a family member must prove that the physician, professional or healthcare facility acted in a negligent manner, and that this negligence resulted in a new injury, illness or medical condition.
3) What Kind of Medical Malpractice Compensation Is Typical?
Medical malpractice compensation cases varies according to the specific details of each case. Settlements are determined by several factors; such as the severity of the illness or injury, the extent and cost of the necessary treatment or rehabilitation and how long the condition(s) caused by the negligence will last. Greater compensation is typically awarded in medical malpractice cases where the victim is left with a lifelong disorder or disability.
Medical malpractice compensation may include actual economic losses, such as lost wages and medical or rehabilitation costs, as well as non-economic losses, such as pain and suffering.
4) What Are Some Examples of Medical Malpractice?
Malpractice can occur in any setting where medical care takes place. Negligence can happen in a doctor’s office, operating room, hospital, nursing home or dental office. Mistakes can occur during surgery, pregnancy and childbirth or at a routine office visit.
Examples include surgical mistakes, birth injuries, misdiagnosis of cancer or other serious disease, medication errors, bedsores, malnutrition or dehydration, anesthesia complications, falls due to inadequate supervision or safety measures or issues arising from defective hip implants.
5) What Should I Do If I Suspect Medical Malpractice or Negligence?
If you or a family member has a condition you believe was caused by a medical mistake or negligence, the first step is to contact a reputable medical malpractice law firm. An experienced malpractice attorney will evaluate your case, help determine and obtain the necessary documentation and file your claim in accordance with the required deadlines and other legal requirements.
Medical malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.