When you go in for a medical procedure or a diagnostic test, you are putting your trust in the healthcare provider to give you proper care. No matter whether your experience involves a lifesaving procedure or a simple routine checkup, your healthcare professional and the institution where he or she may work is required to act in a manner consistent with the proper standard of care. Unfortunately, each year, a number of providers fail to meet this standard, resulting in deaths and injuries to many patients here in Illinois. Unfortunately, in many cases, patients may not realize they have suffered medical malpractice until much later. This is why it is important to understand the signs that you may have been injured as a result of medical malpractice, and that you should seek the assistance of an experienced medical malpractice attorney.
What are the Signs of Medical Malpractice?
Medical malpractice is a fairly broad category of personal injury law. Basically, this is when a healthcare provider or institution fails to meet the standard of care, resulting in the injury of a patient. This can include things like unsafe procedures, unsanitary conditions, a misdiagnosis or a procedural error. Some examples are a radiologist missing the signs that the patient has cancer, a surgeon improperly installing a stent in an artery, and a physician prescribing a medication without checking to see if the patient has any allergies.
In some cases, the patient will know immediately that something is wrong. For example, if the patient develops a reaction to a medication or gets an infection after a surgical procedure. But many times, the signs of medical malpractice are not immediately apparent.
Some of the symptoms of medical malpractice are not improving after a treatment or even feeling worse than you did before you received treatment. Rather than reducing the fever, eliminating the pain or alleviating the swelling, the symptoms of your illness persist. This can be due to a misdiagnosis, with the doctor giving you a clean bill of health, missing an important detail that would have led him or her to diagnose you with a medical condition.
When it comes to surgery, the signs of malpractice can be broad. You may find out that the wrong organ was removed, or one of your organs was damaged in the procedure because you have developed new symptoms. You may get a post surgical infection, causing you to spike a high fever and to feel pain. This could be because an instrument was left behind during surgery. The injury may have occurred during a C section delivery, with your child receiving birth injuries. When any of these things happen, you will need to seek help.
When and How Does a Medical Malpractice Victim Get Help?
If you believe you have been the victim of medical malpractice, the first thing you should do is get a second medical opinion from a physician or hospital that is not affiliated with the one who treated you. Medical malpractice injuries can often be life threatening, which is why it is crucial to get treatment for any harm you may have sustained.
In Illinois, in order to prove medical malpractice, you will need to show that the medical provider owed you a duty of care that the provider breached. You will then need to prove that the breach injured you in such a way that you are entitled to recover monetary damages.
Patients who believe they have suffered medical malpractice should start by gathering as much evidence and information as possible. You are entitled to all of your medical records, so you should request them from the medical practitioner or institution who treated you. You should also get an examination from an independent physician who can assess the extent of your injuries. This will be vital as the basis for your claim.
Next, you should retain the services of an experienced medical malpractice attorney. Medical malpractice is a very specialized field, and it is important to hire the right lawyer to represent you and to advocate on your behalf. The attorney will then file a claim for malpractice against the medical professionals who treated you and the facility where it occurred.
It is important to understand that in medical malpractice cases, time is of the essence. The statute of limitations for medical malpractice claims in Illinois is two years from when you knew or should have known about the injury. So, once you discover you are not feeling better, the clock will begin to run. In some situations, you may have up to four years if you discover the injury later on or if the practitioner tried to conceal the malpractice. If the patient dies as a result of the malpractice, his or her estate will have only two years from the date of death to file the claim. For patients who are minors, they will have up to eight years from the date of injury, but all such cases of medical malpractice on those under the age of 18 must be brought on or before their 22nd birthday. The damages that you can claim in a medical malpractice case are fairly broad, including the cost and expense incurred in treating your injuries, your pain and suffering, and the impact the malpractice has had on your life.
If You Are Injured as the Result of Medical Treatment, Call Our Firm Today
Medical malpractice injuries can be life threatening, impacting you in many different ways. If you believe you have been injured as the result of medical malpractice, the experienced medical malpractice attorneys at Hale & Monico will provide you with the representation you need to get the compensation you deserve. Call us today for a free consultation.