Liability in Waukegan Medical Malpractice Claims

You go to the hospital with an injury or illness, hoping you will get better. However, if a healthcare professional worsens your injuries or illness, you have the right to file a medical malpractice claim. Every successful medical negligence suit relies on proving that medical personnel were responsible for a patient’s worsened condition. Proving responsibility is difficult without the help of an experienced medical malpractice lawyer.

With the assistance of Schlack & Bassmaji, it is easier to establish liability in Waukegan medical malpractice claims. Our team of attorneys, comprising bilingual legal professionals with expertise in both English and Spanish, has assisted numerous residents in securing the compensation they deserve through medical negligence claims. Contact us today to learn how we could help you.

Proving Liability in a Medical Malpractice Claim

Medical negligence appears in many forms, including diagnostic errors, such as misdiagnosis, delayed diagnosis, or failure to diagnose. Medication errors may also occur through:

  • Incorrect prescriptions
  • Incorrect dosages
  • Improper drug administration
  • Failure to monitor the effects of administered medications

Other examples of negligence include surgical errors, failure to treat, premature discharge of a patient, and birth injuries caused by medical negligence. To prove that a healthcare professional was responsible for one or more of these, every medical malpractice claim must examine and confirm the presence of the following negligence elements:

  • Duty of care: The practitioner must owe you a duty of reasonable care during treatment
  • Breach of duty: The practitioner, through negligence, failed in administering the commensurate standard of care that you would have received in another hospital of similar professional standing
  • Causation: The medical professional’s mistakes directly exacerbated your condition
  • Damages: You suffered losses, such as physical pain and discomfort, additional hospital expenses, and an unnecessarily prolonged hospital stay, due to the personnel’s errors

Proving all four negligence elements in a claim requires the assistance of a skilled Waukegan medical malpractice attorney.

Statute of Limitations on Medical Malpractice Claims

Illinois medical malpractice laws guide the statute of limitations on liability claims, deciding how much time an injured patient has to sue a negligent healthcare provider in Waukegan. You have two years from the injury or discovery date to file a malpractice claim. However, there is a cap of four years, after which, even if an injury is discovered, you cannot seek financial relief.

There is an exception to this rule if malpractice involves minors younger than 18 years. If medical negligence occurred before you were 18 years old, you have eight years to file a claim, or before you turn 22, whichever comes first. The second exception applies if you were disabled and incapable of taking any action. In this instance, the statute is paused until you can take legal action. This exception also applies to any individual who becomes disabled as a result of the injury before the statute’s deadline. It is crucial to seek legal help from our competent medical malpractice lawyers to ensure you can file a malpractice claim.

What Damages Can Be Recovered From a Medical Malpractice Claim?

Depending on the extent of harm caused by the medical professional’s errors, you may be able to recover compensation for medical expenses, lost wages, and reduced earning capacity if the injury leads to disability or limits your working ability.

You could also pursue financial remedies for associated pain and suffering and loss of enjoyment of life. During an initial consultation, your Waukegan attorney could examine your case, help determine liability, and ensure the requested compensation accounts for all of the impacts your injury has and will continue to have on your life.

Contact a Waukegan Medical Malpractice Lawyer About Liability Claims

Proving liability in Waukegan medical malpractice claims and pursuing financial relief can be complex and stressful. To avoid unnecessary challenges and ensure you can focus on your recovery, contact a medical malpractice attorney from Schlack & Bassmaji. Our lawyers could represent your interests, protect your rights, and get you a reasonable settlement amount to ensure you can continue to support your family. Please contact us today to discuss your case and learn your options.