Springfield, IL Medical Malpractice Attorney
Medical malpractice can occur in any health care facility under the care of any medical professional. It is a serious and growing problem in U.S. medicine. Doctors, nurses, pharmacists, technicians and other health care personnel can make negligent mistakes during surgery, or while prescribing medicine, monitoring patients in the hospital or simply administering daily care. Medical errors cause thousands of deaths each year, not accounting for several thousands of other people who suffer from adverse outcomes resulting from medical negligence.
If you or a loved one has suffered adversely while under the care of medical professionals or following treatment in Illinois, it is crucial to consult with an experienced Springfield medical malpractice attorney immediately. Medical malpractice cases can be very complex and encounter strong resistance from health care providers and the insurance industry.
Why choose Kanoski Bresney?
When you have been injured due to the careless or negligent actions of a medical provider, you need to seek assistance from a Springfield personal injury attorney you can trust both personally and professionally. At Kanoski Bresney, we have the experience you need to get through this.
- We have more than four decades of personal injury law experience ready to bring to your medical malpractice case.
- Our focus on personal injury law ensures that we have the skill, experience, and reputation necessary to effectively negotiate with insurance carriers and legal teams.
- Our team has secured more than $400 million for clients through settlements and jury verdicts.
- We take medical malpractice cases on a contingency fee basis, which means that our clients pay no upfront or out-of-pocket costs for their case. They only pay legal fees after we secure the compensation they deserve.
What to do if you suspect a medical malpractice injury?
If you suspect that you have been injured due to a medical mistake, your first step is to ensure you are evaluated by a trusted healthcare professional. Your health comes first. However, you also need to contact a Peoria medical malpractice attorney as soon as possible. Your attorney will understand the steps to take to prove that a mistake has occurred. Your attorney will work with medical experts who can evaluate your case. A medical expert will analyze your medical records, evaluate you personally, and provide expert witness testimony on your behalf.
How Do You Prove Medical Malpractice in Springfield, IL?
Proving medical malpractice typically takes help from an attorney. A medical malpractice lawyer will strengthen your case by setting you up with a great doctor to treat and document your injuries, filing your case within the state’s two-year deadline, and hiring medical experts to testify on your behalf. Your lawyer can take the burden of proof for you, establishing the four elements necessary to prove medical malpractice.
- A doctor-patient relationship existed. The defendant must have been your physician or care provider at the time of the alleged malpractice.
- The doctor breached his or her professional duties of care. Doctors owe patients high standards of care. Any act or failure to act that fails to fulfill this duty is malpractice.
- The doctor’s actions caused your damages. Your lawyer will need to establish causation between the act of malpractice and your personal injuries or illness.
- The patient suffered because of the malpractice. You or your loved one must have suffered damages such as injury or illness, medical bills, pain and suffering, or lost wages to have grounds for a claim.
The burden of proof in a medical malpractice claim falls on the plaintiff in Illinois. If you hire a Springfield medical malpractice attorney, however, your lawyer can deal with the elements of proof for you, while you concentrate on recovery.
Who Is Liable for Medical Malpractice?
The liable party will be the entity financially responsible for your losses. In Illinois, the liable party will be the one guilty of medical malpractice. This could be your physician, one of his or her assistants, a hospital maintenance crew member, the facility itself, a medical device manufacturer, a pharmacy, or a combination of parties. Determining liability will take an investigation of your injuries from an insurance company or law firm.
Most physicians and surgeons are independent contractors, not employees of the hospital. If an independent contractor caused your damages, he or she will be individually liable for your damages. If, however, the hospital or one of its employees is at fault, you may have grounds to hold the facility liable. Both parties will carry insurance to help pay for victims’ damages if medical malpractice occurs. You and your lawyer will have to prove liability, however, before achieving a payout.
How Much Is the Average Medical Malpractice Settlement?
Most medical malpractice claims settle outside of court, during insurance company negotiations. The average settlement award for patients is around $425,000. Going to court can cost more money and take longer to complete the case. However, it could result in higher compensation for damages. The average jury verdict is $1 million. The potential value of your case will depend on your damages.
- Past and future medical bills
- Disability costs and expenses
- Lost wages and capacity to earn
- Pain and suffering
- Emotional distress
- Lost enjoyment of life
You could recover for all these damages and others, according to your losses. It will be your attorney’s duty to demonstrate your damages to a judge and jury. Hiring a Springfield personal injury lawyer with years of experience could result in a higher compensation award. See our past case results at Kanoski Bresney for an idea of the settlements and verdicts we have won other victims of medical malpractice. Speak to our lawyers for a full evaluation of your unique claim.
What is Considered Medical Malpractice in Springfield, IL?
The complexities of medical malpractice cases require the skills and knowledge of seasoned professionals. Attorney Bresney helps to ensure that our clients get the respect, response and results ® they deserve. Our experience and success resolving cases for the best results of the victims of medical errors can help you achieve the recovery you deserve in your medical malpractice claim, including:
- Delayed diagnosis or failure to diagnose
- Birth injuries
- Emergency room errors
- Fetal distress
- Surgical errors
- Heart attack malpractice
- Chiropractic errors
- Nurse errors
- Medication errors
Through the years we have represented the rights and interests of the victims of medical negligence. Our law firm has built relationships with medical professionals who assist in evaluating and investigating medical malpractice claims to fully understand the long-term consequences of the injuries you may have incurred because of a medical professional’s actions or inaction. Our dedicated accident attorneys in Springfield, Illinois work vigorously to ensure that you receive the compensation you need to cover medical bills, lost wages and future treatment of your injury. You deserve devoted legal help advocating for your best interests.
How often do these medical mistakes occur in Illinois?
For years, there have been no consolidated studies focusing on the total number of medical mistakes. Gathering this data is hard to do because there is no uniform error reporting system used in the United States. One study, though, raises serious concerns about the healthcare system in this country.
According to researchers at Johns Hopkins University, medical mistakes are responsible for killing as many as 250,000 people each year in the US. That would mean that medical mistakes are the third leading cause of death in the country. That data only shows part of the overall problem. Millions more are injured due to medical mistakes and survive. Medical malpractice victims are left with tremendous financial costs as well as immense pain and suffering and their family members often must become full-time caregivers.
What Is the Difference Between Medical Malpractice and Negligence?
All types of medical malpractice are negligence, but not all acts of negligence constitute medical malpractice. Medical malpractice specifically refers to a healthcare practitioner’s failure to exercise reasonable care, resulting in harm to a patient. If a doctor, nurse, surgeon, hospital, or other entity in the medical industry is guilty of negligence, the legal term is medical malpractice. Negligence, on the other hand, can refer to anyone’s failure to exercise reasonable care – not just a healthcare practitioner.
How long do you have to file a Springfield medical malpractice lawsuit?
Each state has guidelines that dictate how long a person has to file a medical malpractice lawsuit. In Illinois, the statute of limitations for these cases is two years from the date the patient knew or should have known about their injury. Notice that the law says two years from the date the patient “knew” about the incident. In some cases, a medical malpractice victim may not know a mistake was made until well after it happened. However, Illinois law does not allow for any medical malpractice claims to be filed more than four years after a mistake was made.
Anyone who was under 18 years of age at the time a medical mistake was made has up to eight years to file a lawsuit. However, they cannot file beyond their 22nd birthday.
Due to these strict statutes of limitation, you should speak to a Peoria medical malpractice attorney as soon as possible.
Contact Our Springfield Medical Malpractice Attorneys
At Kanoski Bresney, we have more than 40 years of experience pursuing best possible outcomes for clients who have been misdiagnosed, improperly monitored, prescribed or administered drugs incorrectly, and improperly cared for in emergency rooms. Attorney Todd A. Bresney diligently pursues and investigates medical malpractice cases on behalf of Springfield and central Illinois clients. If you or a loved one has been injured as the result of medical error, contact the Springfield medical malpractice lawyers at Kanoski Bresney at (217) 523-7742 for a free case consultation.