Medical malpractice can lead to serious injuries and tremendous pain and suffering for victims. At Seidman, Margulis & Fairman, LLP, we have vast experience helping clients get through these types of cases. When you need a Chicago medical malpractice attorney, we will investigate every aspect of your claim in order to secure the compensation you are entitled to.
Why Choose Our Chicago Medical Malpractice Lawyers?When dealing with something as traumatic as a medical mistake, you need assistance from a law firm with vast experience handling these cases. Seidman, Margulis & Fairman, LLP Is ready to help.
Medical negligence cases require extensive investigation in order to prove liability. A skilled medical malpractice attorney will have the resources and legal experience necessary to:
Obtain any evidence related to the medical mistake or abuse in question. This can include all medical records related to the incident, eyewitness statements, and more.According to researchers at Johns Hopkins University, medical mistakes are the third leading cause of death in the United States. These incidents can occur in a variety of ways, including:
These mistakes can occur in all healthcare settings. This can include hospitals, doctor's offices, outpatient care facilities, and more. It is not just doctors and surgeons who can be held liable for medical malpractice. All medical professionals who have an established provider-patient relationship owe a duty of care to their patients. This includes nurses, physician's assistants, psychiatrists, dentists, optometrists, physical therapists, chiropractors, paramedics and EMTs, and any other licensed medical professional.
What Is The Time Limit To File A Medical Malpractice Claim in Chicago?Each state is responsible for setting time limits on how long victims have to file civil lawsuits against alleged negligent parties. These time limits are called statutes of limitation.
The statute of limitations for these cases will be different depending on the circumstances related to each case. In Illinois, victims of medical mistakes generally have two years from the date they discovered or should have discovered that a medical mistake occurred to file lawsuits against the negligent medical professional. For cases involving nursing home abuse, victims will generally have two years from the date an injury occurs to file claims against negligent nursing home staff.
It is vital that any victim of medical negligence or nursing home abuse work with an attorney as soon as possible in order to ensure that all deadlines are met for the case.
Traditionally, victims accomplish this through a medical malpractice claim that outlines failures in care that lead to injuries and losses requiring compensation. A carefully constructed medical malpractice claim with compelling documentation may still take months or even years to resolve. You must take great care as you build your claim and use the full range of legals options you have available to make sure that you stand a good chance of receiving fair compensation and to keep your rights secure.
Medical Malpractice Claims Involve Three Components:You should review the details of your own experience to make sure that it meets the standards necessary to file a successful medical malpractice claim in Chicago.
Who Owed You a Duty?In order for some medical care provider or hospital to commit medical malpractice, some party must owe the individual who suffered harm a duty of care. This means, for instance, that a doctor had a duty to provide care for you and failed to do so. If a doctor never has a duty to care for you because he or she was never assigned to your case, then filing a claim against the doctor may not hold up in court.
In most cases, it is relatively simple to identify who owed you a duty of care, but it is important to explore all potential defendants to make sure you do not miss any opportunities to broaden your claim.
Was There a Breach of Duty?Not every instance of a medical procedure failing to meet its goals means medical malpractice occurred. There are many ways that a skilled physician may follow all the proper procedures and still fail to resolve an existing injury or sickness.
However, if a doctor or other care provider does not follow proper procedures, malpractice is possible. This may be the case when a doctor performs a surgery and fails to remove a surgical sponge or tool from the victim before closing up the surgical opening. Leaving a sponge inside a victim is certainly not part of proper procedures. Still, it is important to remember that not all unsuccessful surgeries involve malpractice.
Did you Suffer Documentable Harm?Even if you can identify duty and breach on the part of your care provider, you may not have a strong claim until you can provide proof of harm resulting from the malpractice. In the example above, a surgeon may accidentally leave a sponge inside the victim in a surgery, only to realize the mistake before the patient leaves the surgery venue, allowing him or her to safely remove the sponge and close the surgical opening. In this case, while the doctor did have duty and potentially breached that duty, catching the mistake and making it right probably avoids a malpractice claim.
Your own claim may hang on the details of your experience. An experienced Chicago medical malpractice attorney can examine all sides of your experience to see if a malpractice claim is justified. If so, you can begin to develop a strong strategy to protect your rights and well-being.
What Kind Of Compensation Is Available In Medical Malpractice Claims?Anyone who has been harmed due to medical negligence could be entitled to various types of compensation. The total amount of damages awarded to victims in these cases will vary depending on the specific factors related to their case. However, the medical malpractice team at Seidman, Margulis & Fairman, LLP regularly helps clients recovered the following:
If you or somebody you love has been injured due to a medical mistake, contact our Chicago medical malpractice attorneys as soon as possible. At Seidman, Margulis & Fairman, LLP, our skilled and experienced team will investigate every aspect of your claim so we can secure the compensation and closure you deserve. Want to learn more? Read our medical malpractice FAQs.
When you need a Chicago medical malpractice attorney, you can contact us for a free consultation of your case by clicking here or calling (312) 781-1977.
“I was referred to Melanie Fairman to represent me for my brother's case. She was outstanding and went above and beyond to represent me during a very stressful time in my life. She is very professional and loyal to her clients. She fought hard for my case and did not let me give up and I am very satisfied with the outcome, thanks to her. Thank you so much for everything you have done for my family!” -Nancy R.