Medical Malpractice Attorney Bloomington, Illinois
Injured By a Medical Provider? Tip the Scales of Justice in Your Favor
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As a trusted Medical Malpractice Attorney located in Bloomington, Illinois, I will help you understand your legal rights and hold negligent healthcare providers accountable for the harm they’ve caused.
When we seek medical care for ourselves or our loved ones, we place our trust in healthcare professionals. Nurses, physicians, surgeons, and other medical practitioners are expected to provide care with the skill and diligence that meets established professional standards.
However, when medical professionals fall short of these standards, patients may suffer serious or catastrophic injuries, worsened conditions, or even lose their lives due to medical negligence.
If you or someone you care about suffered injuries while receiving medical care, call my law office right away. As an experienced Medical Malpractice Lawyer, I will determine whether you have the basis for a medical malpractice claim, guide you through the legal process, and help you win maximum compensation for your losses.
At Dodds Law Office in Bloomington, we also serve clients in Lincoln, Decatur, Champaign, and Peoria, Illinois.
Pursue Fair Compensation. Contact Me Today
Medical Malpractice Statistics: How Big Is the Problem?
According to the Civil Justice Resource Group, an estimated 25,000 to 120,000 people die due to medical malpractice every year. Between 0.8% and 1% of all hospital patients in the United States are victims of medical malpractice. Sadly, the number of malpractice injuries and fatalities is most likely four times the number reported.
Just 4.8% of physicians are responsible for roughly half of the medical malpractice cases filed in the U.S., and around 1.7% of doctors are liable in 27.5% of claims that result in settlements or jury awards.
Under Illinois law, patients who suffer harm as a result of a healthcare provider’s negligent act or omission are entitled to receive compensation, yet only 2.9% file claims. As a result, an unacceptable number of negligent medical professionals are never held accountable for the harm they cause.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s treatment falls below the accepted standard of care in the medical community, resulting in injury or harm to a patient. In Bloomington and throughout Illinois, medical malpractice can take various forms:
- Performing surgery on the wrong side of the body
- Misdiagnosing a medical condition
- Prescribing or administering an incorrect medication or dosage
- Leaving foreign objects inside patients during surgery
- Discharging a patient prematurely
- Disregarding the patient’s medical history
- Failing to inform the patient of treatment risks
- Failing to treat a patient’s condition
These and many other errors may give an injured patient grounds to sue the negligent hospital and healthcare providers. However, not all adverse outcomes give rise to a medical malpractice suit.
Basic Elements of a Medical Malpractice Claim
The plaintiff (the injured patient or someone who brings a lawsuit on behalf of a patient) has the burden to prove the following four basic elements of a medical malpractice claim to obtain compensation for their losses and damages.
- A Duty of Care Existed. There was a medical provider-patient relationship between the defendant and the victim, establishing a duty of care owed by the doctor, nurse, or other type of healthcare provider to the patient.
- The Doctor Was Negligent. A patient cannot sue a medical professional simply because they are not happy with the outcome of the treatment or surgery. The requirement for a medical malpractice claim is to prove that the doctor failed to uphold the recognized standard of care.
- Negligence Led to Injury or Harm. The plaintiff must demonstrate evidence of measurable harm or injury that was caused by the doctor’s negligence to recover damages.
- The Plaintiff Suffered Actual Damages. The plaintiff’s injury must have resulted in actual damages (e.g., medical expenses, lost wages, pain and suffering). IF the negligence did not cause harm to the patient, there are no damages to recover.
Proving the four elements or a medical malpractice claim can be challenging, especially if you aren’t informed about what constitutes the “accepted standard of care” in a specific field of medicine. As a skilled medical malpractice attorney with decades of experience in Bloomington and the surrounding communities, I have a network of resources, including medical experts in various fields, to evaluate your medical records, the medical procedures performed, and the mistakes that caused you harm. These qualified experts can provide compelling testimony to help you win your medical malpractice case.
Who Can Patients Sue for Medical Malpractice?
Any medical professional who makes a mistake while providing care to a patient, and in turn causes harm to a patient, can be sued for medical malpractice. The following are examples of healthcare professionals and medical providers who could be held accountable for medical malpractice or negligence if they deviated from the accepted standards of care.
- Nurses
- Physicians
- Physician assistants
- Surgeons
- Pharmacists
- Dentists
- Paramedics
- Anesthesiologists
- Neurologists
- Psychiatrists
- Obstetricians and gynecologists
- Nursing homes
- Hospitals
- Medical clinics
- Surgical centers
How Long Do You Have to File a Medical Malpractice Claim?
There is a time limit for filing medical malpractice lawsuits in Illinois. The state generally gives patients two years to file a medical malpractice suit, and the clock starts ticking on the date the patient discovered or should have reasonably discovered the injury. Even if the harm caused to a patient is not discoverable immediately, the patient is barred from suing a negligent doctor if more than four years passed from the date the medical mistake occurred.
Since exceptions may apply to the statute of limitations on your medical malpractice case, and your window to take legal action could be longer or shorter, be sure to talk to an attorney right away.
What Damages Are Available in a Medical Malpractice Claim?
When pursuing a medical malpractice claim in Illinois, the plaintiff is seeking compensatory damages to cover the expenses they incurred and the suffering they experienced as a result of the healthcare provider’s negligence. Illinois law recognizes two types of compensatory damages in medical malpractice cases. They are:
- Economic Damages: Economic damages compensate the plaintiff for their medical bills, loss of income, diminished earning capacity, and other quantifiable costs and losses resulting from the defendant’s conduct.
- Non-Economic Damages: Non-economic damages are meant to compensate the plaintiff for the intangible harm they suffered, including emotional distress, pain and suffering, loss of enjoyment of life, disfigurement, loss of consortium, and others.
Illinois law prohibits plaintiffs from recovering punitive damages in medical malpractice cases.
Frequently Asked Questions About Medical Malpractice
What Is Informed Consent?
Generally, informed consent means that a medical provider must tell a patient of the possible benefits, risks, and treatment alternatives involved in any medical procedure, and they must obtain the patient’s written consent to proceed.
Can I Sue My Doctor if I Was Not Informed About the Risks of the Procedure?
While a doctor has the duty to inform the patient about any significant risks surrounding the procedure, he or she does not have to inform the patient of every imaginable risk. However, failing to tell a patient about a significant risk could result in liability if the patient suffers injuries. A patient making a claim based on the lack of informed consent will need to show that a knowledgeable doctor would have disclosed the risk.
Are There Damage Caps in Medical Malpractice Claims in Illinois?
There are no damage caps for medical malpractice cases in Illinois. Although the state previously imposed damage caps on non-economic damages in cases involving medical negligence or malpractice, the Illinois Supreme Court found damage caps to be unconstitutional in 2010. Therefore, there is no longer a limit on the damages you can recover if you’re a victim of medical malpractice.
Is an amazing attorney will work with you, he’ll talk with you and help you and fight for your settlement to the Max and to the best of his ability I suggest going to him, he’s very honest, and he fights to the end thank you, Terry
Get FREE Legal Advice from a Medical Malpractice Attorney
If you suffered harm because of negligence on the part of a medical provider, contact me for a free consultation. You might be entitled to substantial compensation. As a knowledgeable and results-driven attorney at Dodds Law Office, PC, I will review your case for free, answer any questions you have, and guide you through filing your medical malpractice claim. I proudly serve clients in Bloomington, Peoria, Champaign, Urbana, Lincoln, Pekin, and Decatur, Illinois.
