What Is Malpractice? 10 Things You Need to Know
What is malpractice in Illinois?
Many have heard the term, but what is malpractice? It is considered medical malpractice when a doctor, healthcare professional or facility breaches their duty to provide a certain standard of care and a patient suffers injury or death as a result of that breach.
How do I prove malpractice?
To establish that malpractice occurred, a plaintiff must prove:
- The physician, healthcare professional or facility was negligent
- The patient suffered injury or harm that resulted in economic damages (medical bills and lost wages) and/or non-economic damages (pain and suffering)
- The physician’s (or hospital’s) negligence directly caused their injuries
How common is medical malpractice?
Unfortunately, medical malpractice happens more often than people imagine. Each year in the U.S., more than 250,000 people die as a result of medical mistakes. According to researchers at Johns Hopkins Medicine, this makes medical errors the third leading cause of death in the U.S., after heart disease and cancer.
What is the “standard of care” used in malpractice cases?
The standard measure is whether another doctor would provide the same kind of care when treating a similar patient under similar circumstances. The physician in question is compared to others in the same specialty who practice in the same geographic area and have comparable training and education.
What is the statute of limitations for malpractice claims?
A victim must generally file a malpractice lawsuit within two years of the date they discovered, or should have discovered, the injury. However, regardless of when the plaintiff discovered the malpractice, claims must be filed no later than four years from when the malpractice occurred. The statute of limitations for minors is longer. However, it is best to file a claim as soon as possible after you become aware of the malpractice.
Will I need an “Affidavit of Merit” for a malpractice claim?
Yes. This means you must have your claim reviewed by a qualified physician with experience in the same area of medicine relating to your case. Then, this expert verifies that there is “reasonable and meritorious cause” for your case to proceed.
Can I file a malpractice claim without an attorney?
Plaintiffs are allowed to file their own claims; however, it is not recommended. Plaintiffs must provide medical records and file numerous forms and according to strict filing requirements and deadlines. In addition, if your case goes to court, you want an experienced lawyer there to represent you. Studies show plaintiffs who hire reputable malpractice attorneys achieve better results than those who try to go it alone.
What are some examples of medical malpractice?
There are many forms of medical malpractice. Some are obvious, while others are less apparent. For example, a doctor who fails to diagnose a serious disease can cause as much harm as one who leaves an instrument inside a patient after surgery.
Here are some of the more common types of medical malpractice:
- Surgical errors
- Birth injuries caused by oxygen deprivation or incorrect use of forceps
- Cancer misdiagnosis
- Medication errors
- Bedsores
- Complications from anesthesia
- Improper treatment of a serious medical condition
- Dental malpractice
- Failure to notice or treat infections
What kind of settlement can I expect in a medical malpractice case?
Compensation varies depending on the circumstances of each case. Plaintiffs may receive economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering.
How much will it cost to hire an attorney?
A reputable medical malpractice attorney will not ask you for money in advance. Medical malpractice lawyers handle cases on contingency, which means they get paid only after your case is won. Therefore, hiring a qualified lawyer is the best way to ensure a successful outcome without any up-front costs.
Medical malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free no-obligation consultation.
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