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Recent Blog Posts
When are Surgical Errors a Result Of Medical Malpractice?
Surgeries are performed every day, however, no operation is the same. While surgeons may be properly equipped to handle the complexities of surgery, errors can and do still happen. When surgical errors occur, patients can be harmed. Surgical injuries can have a substantial physical, financial, and emotional impact on a victim and their families. Victims of medical malpractice surgical errors should be knowledgeable of how their injury occurred and how they can effectively fight for available damages.
Categories and Causes of Surgical Errors
Every surgery will have unique characteristics and challenges, however, some mistakes can lead to lasting patient harm. Some of the most significant errors include operating on an incorrect body part, operating on the wrong patient, leaving a piece of equipment inside a patient’s body, and administering the wrong amount of medication.
Understanding the Statute of Limitations for Medical Malpractice Claims in Illinois
Negligent health care can result in severe patient harm. Medical errors such as misdiagnosis, surgical errors, defective medical equipment, and inaccurate prescriptions can leave patients in critical condition and possibly lead to fatalities. For a medical malpractice victim to successfully recover damages, there are many standards that must be met. A medical malpractice lawsuit must be filed before the statute of limitations expires. If you believe you sustained injuries due to a health care provider’s actions or inaction, it is recommended to immediately contact a medical malpractice attorney who can help you to understand the expectations and limitations often seen in these situations.
The Statute of Limitations Explained
As with almost all legal actions, the law imposes a time constraint on the duration of time someone is allowed to pursue a medical malpractice lawsuit. Once the statute of limitations expires, the injured person may be barred from filing a lawsuit.
An Overview of Misdiagnosis in Illinois Medical Malpractice Cases
Everyday people trust their physicians to provide them with proper medication, high-quality referrals, and accurate diagnoses. Unfortunately, medical professionals, including doctors, make mistakes, which can result in harmful consequences. When negligent behavior leads to a patient’s misdiagnosis that causes the patient harm, the patient may pursue a medical malpractice lawsuit.
Causes and Consequences of a Misdiagnosis
A misdiagnosis from a medical professional can negatively impact someone’s health and ability to work. Non-existent, delayed, or inconclusive diagnoses often result in incorrect or delayed treatment, if there is any treatment at all. These improper or insufficient treatments have the potential to worsen the actual issues. If this misdiagnosis was caused by physician negligence, the misdiagnosis may lead to a malpractice claim.
Was Your Infant’s Stroke Caused By Medical Malpractice?
Strokes are a biological event most often associated with older individuals who struggle with conditions such as high blood pressure and heart disease. When the brain seizes to receive proper blood flow, a stroke can occur. Though less common, children can also suffer from strokes. Both ischemic and hemorrhagic strokes are seen in cases with infant children, most often occurring during or shortly after labor. While it is often difficult to identify a fetal stroke’s cause, there may be signs that indicate that the stroke was preventable. It is possible that your infant’s stroke may have been prevented had you and your child received better medical care.
Causes, Types, and Symptoms of Fetal Strokes
Fetal strokes occur when the infant’s brain is deprived of oxygen. Oxygen deprivation occurs due to clots reducing the flow of oxygenated blood or a hemorrhage disrupting normal blood circulation. Infant strokes tend to occur between the 28th week of pregnancy and one month after the child’s birth. Due to a lack of air in the birth canal, the strokes most often occur during or immediately after the delivery process.
Demonstrating Driver Negligence in Illinois Pedestrian Injury Claims
When you picture the typical car accident, you may envision a collision between two vehicles. However, there are also many accidents in which a motor vehicle collides with a pedestrian. In Illinois, there were nearly 5,000 pedestrian accidents in 2019, and almost all of them resulted in injury or death.
Unfortunately, pedestrians are relatively defenseless, and their lives can be changed forever when they are struck by a car. However, pedestrians do have the right to use the road and to pursue compensation from negligent drivers who cause their injuries. An attorney can help you demonstrate negligence if you or a loved one has been injured.
When is a Trucking Company Liable For Injuries in Illinois?
Accidents involving large commercial trucks often result in severe or fatal injuries, usually to people other than the truck driver. In Illinois, nearly 100 people were killed and more than 300 were catastrophically injured by semi-trucks in 2019. In these cases, injury victims and their families need all the help they can get to recover from their substantial losses. Fortunately, it is often possible to pursue compensation from a trucking company in addition to the individual who was operating the truck.
Trucking Companies Are Subject to Federal Regulations
Trucking companies throughout the United States are governed by safety regulations maintained by the Federal Motor Carrier Safety Administration (FMCSA). Some regulations that often come into play in personal injury cases include:
Who is Liable For Injuries Caused By Medication Errors?
Providing medical care and treatment to a patient in need is a task that requires not only extensive knowledge and skills, but also attention to detail. Even minor deviations from a patient’s treatment plan can cause serious harm. When those deviations result from negligence on the part of a treatment provider, the patient can claim medical malpractice and pursue damages from the at-fault party. One common form of medical negligence is an error related to the patient’s medication.
Negligent Parties in a Medical Malpractice Claim
Depending on the situation, many different parties may be responsible for ensuring that a patient gets the appropriate medication for their condition. An error by any of these parties could be grounds for a medical malpractice claim. Some potentially negligent parties include:
3 Insurance Mistakes People Make After a Car Crash
Serious auto accident cases involve a variety of difficult problems. In addition to the damage done to your car, you may be badly injured. You will almost certainly have to deal with a complex insurance claim.
Nobody wants to handle an insurance claim, but having an experienced attorney on your side can help you navigate your car insurance accident paperwork. Here are some of the most common mistakes people make when they are dealing with a car accident insurance claim and how to avoid them:
Not Researching the True Value of Your Car
If your car has been totaled, your insurance company will have to pay you the amount of money your car is worth. However, insurance companies have an interest in paying you as little as possible – meaning they may try to lowball you on the value of your car. You are more likely to get a check for the true value of your car if you do your own research to find out what your car is worth. Then, if your insurance company offers you less than your research indicates you should receive, you can counter their offer with your own.
Why Should You Get Medical Help After a Car Accident?
It may seem obvious that you should seek medical attention if you are injured in a car crash, but the reality is that many injury victims choose not to do so in the immediate aftermath. Some are concerned about the costs of their treatment, while others may be unaware of the extent or severity of their injuries. Unfortunately, forgoing medical treatment can have serious repercussions for both the injury victim’s health and their chances of recovering full compensation in a personal injury claim.
Medical Reasons for Seeking Treatment
Regardless of how minor your injuries may seem, it is a good idea to get examined by a doctor who can help you better understand your condition. Some car accident injuries can be difficult to detect, and many have the potential to become more serious over time. For example:
Using Expert Witnesses During a Medical Malpractice Case in Illinois
Nobody ever goes into their doctor’s office expecting them to make a mistake or harm you. However, that is exactly what happens to hundreds of thousands of people each year. There is no single reliable source that is used to gather medical malpractice statistics. However, one study from Johns Hopkins found that an estimated 250,000 people die every year because of medical mistakes. Other studies cite that number being as high as nearly double that. If you have been injured because of the negligence of your doctor, you might be eligible to file a medical malpractice case to help recoup some of your losses. In many cases, your attorney will utilize expert witnesses in various ways to gather information for the case and to help prove your point in court.
Requirements for Expert Witnesses
If you want to call an expert witness to testify during parts of your case, you will have to make sure that they are credible. You cannot just call up any person to testify for you -- they must meet certain requirements. According to the Illinois Code of Civil Procedure, in any case that brings into question the standard of care of a medical professional, there are a specific set of criteria that must be met before a witness qualifies as an expert witness and can testify as such in court.
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