We often place a lot of trust and faith in doctors and nurses, but they are only humans capable of making serious mistakes. If you are injured because of medical negligence, speak to an attorney about how to get fair compensation.
Medical malpractice may be broadly defined as medical treatment that does not meet standards of care. This could occur with emergency room treatment, surgical errors, or a doctor’s failure to properly advise or warn a patient about the risks of a certain procedure. Your deadline to file your case may vary based on whether you were an adult or a minor when the malpractice happened. Damages can be quite large, especially when medical malpractice leads to long-term or permanent complications and disabilities. You should be compensated for the various medical treatments needed to correct the defendant’s mistakes and the undoubtedly enormous mental and emotional toll they took on you. Our evidence will likely revolve around medical records and establishing the exact cause of your injuries.
Begin your claim with a free case review from our medical malpractice lawyers when you call the Rhatigan Law Offices at (312) 578-8502.
Circumstances Often Involved in Medical Malpractice Claims in Palatine, IL
When people are taken to the E.R., they are often in very bad shape, and time is of the essence. Doctors and nurses must provide the patient with emergency care as quickly as possible to prevent their condition from deteriorating further. It can be all too easy for even an experienced medical professional to make a mistake. If that mistake does not meet standards of care, the injured patient might have a malpractice claim on their hands.
Other medical malpractice cases involve surgical errors. Any surgery is complicated, even when doctors say it is common or routine. Surgeons must be extremely careful. If they are not, the patient might be gravely injured. Examples of malpractice from surgical errors include surgical instruments being left inside someone’s body or infections from unsterilized surgical tools. Our medical malpractice lawyers can help you get in touch with a new doctor if you are experiencing pain after surgery.
Not every instance of treatment gone awry is malpractice. Doctors might provide the best treatment possible, but sometimes patients do not respond well to treatment. However, if the doctor fails to warn you of the risks of treatment, and then you suffer the consequences of those risks, you can sue them for malpractice. Doctors should always warn or advise patients of all risks involved in any treatment, even if the risk is low.
Your Deadline to File a Medical Malpractice Case in Palatine, IL
Dealing with the fallout of medical treatment gone terribly wrong can be cumbersome, physically and mentally. You might be in great pain while struggling to come to terms with the toll your injuries have taken on your body. While dealing with all this, you must be mindful of the clock. You have only a limited time to file a lawsuit for damages. If you miss the deadline, you might lose your right to pursue legal action against the negligent doctors in your case.
Adult Plaintiffs
According to 735 I.L.C.S. § 5/13-212(a), the standard statute of limitations for most injury claims, including many medical malpractice claims, is a mere 2 years. This statute of limitations tends to apply to plaintiffs who were adults when they were injured by medical malpractice. Minors adhere to a different deadline, as detailed below.
While plaintiffs have 2 years to file a claim, exactly when this deadline begins counting down might vary. Generally, the clock begins ticking away on the day the injuries occur. This might be the day the plaintiff was admitted to the hospital or the day they underwent surgery. However, this is not the case for everyone.
Under the discovery rule, the statute of limitations might begin not on the day the injuries occurred but on the day the plaintiff realizes their injuries are from medical malpractice. A patient might be in great pain after surgery, but pain is par for the course when it comes to surgical procedures. It might not be until weeks, months, or even years later that they realize their pain comes from surgical tools the surgeon negligently left inside their body.
We must also keep in mind the statute of repose. This imposes a hard deadline that cannot be exceeded under any circumstances. The statute of repose holds that you cannot file an injury claim more than 4 years after the injury initially occurred.
Minor Plaintiffs
According to 735 I.L.C.S. § 5/13-212(b), plaintiffs who were minors when the medical malpractice occurred have much longer to file a case. This is likely because minors cannot usually pursue legal action without an adult or until they become an adult. Under this law, minor plaintiffs have 8 years from the day the injuries initially occurred to file a claim.
Like the statute of repose mentioned above, there is a hard deadline for minor plaintiffs. The plaintiff cannot bring a cause of action for medical malpractice after their 22nd birthday.
Plaintiffs with Legal Disabilities
People in need of medical care are often already in bad shape. Some people live with certain disabilities that require regular medical care and maintenance. Under 735 I.L.C.S. § § 5/13-212 (c)-(d), if you have a legal disability at the time the injury occurs, your deadline to file the cause of action may be tolled or stayed until the disability ceases.
A legal disability may be a condition that prevents the plaintiff from understanding their rights, understanding the harm done to them, or filing a legal claim on their own.
If you develop a legal disability after the injury occurs but before the filing deadline runs out, your deadline may also be tolled until the disability ceases, but the statute of repose remains in effect.
Evidence We Need for Your Palatine, IL Medical Malpractice Case
Like any civil case, we need as much strong evidence as we can gather to support your claims. People tend to trust doctors, so convincing a jury that your doctor not only did something wrong but also did something harmful might be difficult.
Your medical records will likely be the most prominent evidence in your case. Doctors, nurses, and other hospital staff are required to take detailed notes about everything that happens to a patient while the patient is in their care. Any medication administered, tests performed, scans, and procedures must be dutifully noted. These records may reveal what went wrong.
It is best to have your records reviewed by another doctor or medical expert, preferably someone familiar with the same medical field. For example, if you were injured in an open-heart surgery, we should have a cardiac surgeon review your records. We can have the expert testify in court about their findings, and their testimony may be extremely convincing to a jury.
Speak to Our Palatine, IL Medical Malpractice Attorneys
Begin your claim with a free case review from our medical malpractice lawyers when you call the Rhatigan Law Offices at (312) 578-8502.
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