MEDICAL MALPRACTICE ATTORNEYS IN NAPERVILLE, IL

A 2016 analysis by Johns Hopkins University attributes more than 250,000 deaths a year to medical error, which makes it the third leading cause of death in the country. Thousands more are injured due to medical negligence, some suffering injuries from which they will never fully recover. The lives of those who have been injured, and the lives of families whose loved ones have died as the result of negligence, are irrevocably changed.

At Marker & Crannell, we’ve been helping clients in Naperville and Aurora, Illinois, and surrounding communities seek compensation for damages caused by medical malpractice. We have the experience and legal expertise necessary to fight the large law firms defending negligent healthcare providers and their insurers. If you or a loved one have been injured by a healthcare provider’s medical negligence, we can help.

Medical Malpractice & Medical Negligence

Healthcare providers owe a legal duty of care to their patients. That is, they must adhere to a standard of reasonable care while performing any acts or procedures that could foreseeably harm their patients. Both medical malpractice and medical negligence involve a breach of that duty of care. Malpractice is an intent to breach that standard. Negligence is carelessness that breaches the duty of care.

Whether your healthcare provider’s actions or inactions injured you as a result of medical malpractice or negligence, your legal recourse remains the same. You deserve compensation for the harm and losses you suffer as a result.

Some of the common reasons for malpractice cases include failure to diagnose or treat, contamination, prescription errors, and performing unnecessary procedures.

In Illinois, there is a two-year statute of limitations for medical malpractice or negligence cases. That means you must file a lawsuit against the healthcare provider within two years of the date of injury or within two years of the date you should have reasonably known about the injury. “Reasonably known” allows more time for patients whose injuries or harm might not be apparent immediately. For example, when a doctor was negligent during a surgical procedure but the harm caused doesn’t manifest itself until months later.

Who Can Be Sued for Medical Malpractice?

Medical professionals, including but not limited to doctors, nurses, dentists, and therapists, can be sued for malpractice. Hospitals and clinics can also be sued because they are responsible for the conduct of their employees and for other medical professionals who provide services in their facilities. All owe patients a duty of care.

If you pursue legal action against a healthcare provider for breach of that duty, an Affidavit of Merit must accompany the initial complaint filed in civil court. In the Affidavit, a qualified medical expert states that he or she believes malpractice has been committed.

Basic Elements of A Claim

There are four basic elements required to pursue a claim of fault or liability against a healthcare provider in Illinois:

1. There was a doctor-patient relationship. The doctor was rendering treatment or care to you as their patient.

2. The doctor was negligent. The doctor failed to adhere to their duty of care to you as their patient.

3. The negligence led to an injury. The doctor’s failure to adhere to their duty of care resulted in injuries you sustained as their patient.

4. The injury caused damages. The injury caused you to incur non-economic and economic damages.

In your claim, you must assert the standard of care breached by the healthcare provider, prove the provider breached that standard, and demonstrate that breach of care caused your injuries.

Damages Available

Under Illinois law, patients can sue for compensatory damages and non-economic damages in medical malpractice claims. Compensatory damages include things such as medical expenses, lost wages, and other quantifiable losses. Non-economic, or “general” damages include less quantifiable losses like pain and suffering, permanent disability, disfigurement, and loss of future earning capacity.

How Legal Counsel Can Help

Medical malpractice claims are complex and often difficult to prove. You need an attorney with experience in medical malpractice and negligence law, one who understands complicated medical issues, and one who has relationships with knowledgeable and respected medical experts who can attest to a defendant’s breach of the duty of care.