Medical care is a critical aspect of our lives, and we trust healthcare professionals to provide the highest standard of care. However, there are times when medical treatment falls short or mistakes are made, leading to serious harm or even death.
When that happens, it’s worth pursuing whether or not you or a loved one has been a victim of medical malpractice. The question we got a lot is when is it the right time to hire a medical malpractice attorney.
The short answer is right away. That doesn’t mean you are actually “hiring” them, but having a consultation to see if there’s a case worth investigating. Even if a case seems like a slam dunk, these cases are always fought. The initial investigation to see if you even have a case usually lasts six or more months.
That said, these are things we as lawyers advise you to think about.
Recognizing Medical Malpractice
Medical malpractice occurs when a healthcare provider deviates from the accepted standard of care, causing injury or harm to the patient. Common examples include:
• Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition correctly or in a timely manner can result in harm that could have been prevented with proper treatment.
• Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the body, can have severe consequences.
• Medication Errors: Prescribing the wrong medication or dosage can lead to adverse reactions or ineffective treatment.
• Birth Injuries: Negligence during childbirth can result in injuries to both the mother and the baby, such as cerebral palsy or other permanent disabilities.
These aren’t all of the potential cases, but some of the main causes that could lead to a case.
Things To Know When Hiring a Medical Malpractice Attorney
- Significant Injury or Harm
If you or a loved one has suffered a significant injury due to medical negligence, it is essential to consult with a medical malpractice attorney. Significant injuries often require extensive medical treatment, rehabilitation, and can result in long-term or permanent disability or death. An attorney can help you understand your legal options and pursue compensation for medical expenses, lost wages, and pain and suffering. That doesn’t mean malpractice hasn’t happened if your injury isn’t serious. But as these cases are very expensive and require a lot of work, the honest truth is that lawyers are looking for claims that involve bigger injuries. - Complex Medical Evidence
Medical malpractice cases involve complex medical evidence and require a deep understanding of medical terminology and standards of care. An experienced attorney has access to medical experts who can review your case, provide expert testimony, and strengthen your claim. Without this expertise, proving negligence can be challenging. A lot of lawyers say they handle these cases, but the biggest verdicts every year seem to mostly be handled by a group of 10 or so top Illinois law firms. - Disputed Liability
Insurance companies and healthcare providers will dispute liability in medical malpractice cases. They may argue that the injury was a known risk of the procedure or that it resulted from a pre-existing condition. A skilled attorney can counter these arguments, gather evidence, and build a compelling case to establish liability. - Statute of Limitations
Medical malpractice claims are subject to strict statutes of limitations, which in Illinois can be as little as two years from when the malpractice happened. These laws set the time frame within which you must file a lawsuit. Failing to file within this period will result in losing your right to bring a lawsuit. An attorney will ensure that all deadlines are met and that your case is filed correctly and promptly.
- The Role of a Medical Malpractice Attorney
A medical malpractice attorney does a lot of work including:
• Case Evaluation: They will evaluate the merits of your case, determining whether you have a viable claim.
• Expert Consultation: Attorneys work with medical experts to review your medical records and provide critical insights.
• Legal Strategy: They develop a comprehensive legal strategy tailored to your specific circumstances.
• Negotiation and Litigation: Whether negotiating a settlement or representing you in court, your attorney will advocate vigorously on your behalf.
Medical malpractice can have devastating consequences, but you don’t have to navigate the legal complexities alone. If you believe you have been a victim of medical negligence, please call us at 312-346-5320 to speak with an attorney for free and in confidence. We will do whatever we can to help you.