Hospitals, doctor’s offices, medical clinics, and other medical facilities have an obligation to provide patients with a certain standard of care. When that doesn’t happen, and a patient is injured, the victim has the opportunity to take legal action to seek recovery for their injuries and related losses. If you think you have a potential claim, a Naperville, IL medical malpractice lawyer from Thomas Law Offices is here to help.
Our law firm believes victims of malpractice deserve the best chance at recovery and should have the chance to hold then negligent physician or facility accountable for its actions. We recognize that taking legal action when you’re trying to focus on healing can be challenging, which is why we’ll do what we can to manage as much of your claim as possible while keeping you informed of your options and rights every step of the way.
Hospitals in Naperville
If you’re seeking acute medical care within Naperville city limits, your options are limited to Edward Hospital. Fortunately, this hospital has an overall rating as “much above average,” according to Medicare’s Hospital Compare tool.
Medicare’s ratings are based on how well a hospital performs across different areas of quality, from treating heart attacks and pneumonia to readmission rates and safety of care. Edward Hospital ranks above the national average in mortality, safety of care, readmission, patient experience, and efficient use of medical imaging. It ranks the same as the national average for effectiveness of care and timeliness of care.
While it can bring a sense of comfort to know your local hospital is highly rated by a federal program like Medicare, it doesn’t necessarily mean you will receive proper treatment when you’re a patient. Malpractice can happen anywhere—regardless of a hospital’s history or accreditation. If you suspect you were a victim of medical negligence at any facility, it’s crucial to be able to classify what you experienced.
Types of Medical Malpractice
While malpractice can arise in a number of situations in a hospital setting, there are some forms that are more common than others. When it comes to injury claims filed against doctors, patients have often experienced one or more of the following situations:
- Misdiagnosis happens when a doctor examines a patient but fails to diagnose and treat the correct ailment. As a result, the patient’s condition could worsen, or they could develop other illnesses from any treatments they did receive.
- Surgical Errors. The most common surgical errors include leaving medical implements inside a patient’s body, wrong-side surgery, and wrong-patient surgery. Miscommunication and inexperience contribute the most to mistakes in the operating room.
- Medical Product Liability. When a medical device causes more harm than benefits because of a defect, the manufacturer may be held liable.
- Failed Diagnosis. While a misdiagnosis means a patient was given the wrong diagnosis, a failed diagnosis means a patient was not treated at all. Failure-to-treat often happens when a doctor is treating too many patients.
- Birth Injury. Having a baby is an exciting time. While doctors and nurses are supposed to take precautions to ensure the mother and child remain as healthy and stable as possible during the labor and delivery process, this doesn’t always happen. As a result, either the mother or infant can sustain injuries that could potentially impact the rest of their lives.
Recovering Damages for Medical Negligence
As a patient injured by a doctor or other medical professional, you have the right to pursue a personal injury claim in an attempt to recover compensation for your losses. This type of lawsuit often divides awards into three categories: general, special, and punitive. To be awarded compensation, you have to be able to show that the malpractice you experienced caused damages, and you have to be able to value the claim—both of which are something your lawyer can handle.
General damages refer to the costs that cannot have an actual price. Examples include physical and mental pain and suffering, loss of future earning capacity, and loss of enjoyment of life. With every case being different and no clear rules about how to determine general damages, your attorneys will arrive at a dollar amount by giving evidence about your suffering.
Special damages can be calculated. They most often include medical bills and lost income. While there may be guesswork involved with evaluating future medical expenses, special damages are more easily determined when compared to general.
Punitive damages serve to punish the at-fault party for especially negligent actions. Under Illinois law, plaintiffs can seek punitive damages for bodily injury, physical damage to property, or product liability based on strict tort liability. With a medical malpractice claim, these could be applied if a doctor was under the influence of drugs or alcohol while treating a patient they harmed.
Contact Thomas Law Offices
With a medical malpractice claim, you only have a short window of time to take legal action—which is referred to as the statute of limitations. In the event you miss that time period, you’ll render yourself ineligible for compensation, and you won’t be able to hold the negligent doctor accountable for failing to provide you with the care you deserved.
When you work with a Naperville medical malpractice lawyer from Thomas Law Offices, you won’t have to worry about missing deadlines. We’ll be well aware of the time constraints we’re working under to ensure you have the best chance to receive full and fair compensation.
To learn more about filing a claim or to get started on yours, schedule a case evaluation with our law firm today. We’ll review your situation, explain your options, and help you determine how best to proceed based on your unique circumstances. Contact us today.