When you consult a health care provider, you expect to receive competent attention. Unfortunately, medical errors injure patients in Chicago and elsewhere in Illinois each year, sometimes causing permanent harm. If a negligent health care provider has injured you or a loved one, you should consult an experienced Chicago medical malpractice lawyer at Kurasch & Klein to pursue your case. Medical malpractice claims are complex, and having the right personal injury attorney on your side can make a critical difference to the outcome of your case. Our firm also offers services in Polish and Spanish for the convenience of our clients.Bringing a Medical Malpractice Claim for Your Injuries
According to a Johns Hopkins study, medical errors are the third-leading cause of death in the United States, immediately behind heart disease and cancer. Medical malpractice may arise from diagnostic errors, surgical errors, anesthesia errors, emergency room mistakes, failing to provide sufficient follow up care after a procedure, or medication errors, among other examples. If you have been a victim of a medical mistake, you may be able to recover compensation to cover your medical bills, lost income, pain and suffering, and other damages. In order to recover compensation, you must establish the elements of a medical malpractice claim.
Medical malpractice takes place when a health care provider fails to use the level of care that another health care provider in the same specialty would have used under the same circumstances, and a patient is harmed as a result. Health care providers have a legal responsibility to provide adequate treatment to each and every patient. In order to establish medical malpractice, a plaintiff must prove the following elements by a preponderance of the evidence:
- The health care provider owed the patient a duty of care;
- The health care provider breached the duty of care owed to the patient;
- The health care provider’s breach was a direct cause of the patient’s injuries; and
- The patient sustained quantifiable damages.
Under Illinois law, medical malpractice victims have two years to file a claim from when they became aware of or should have become aware of the negligent treatment. There is also a four-year time window from the date of the malpractice that governs most of these claims, regardless of when or whether the health care provider’s negligence was discovered. However, if a patient did not discover their injury due to fraudulent concealment of the medical malpractice, they will have five years from the date of discovering it to file a claim.Assert Your Rights with the Assistance of a Medical Malpractice Lawyer in Chicago
If you believe that you have been affected by medical malpractice, it is important to seek the help of a Chicago medical malpractice attorney who can review the facts of your situation and determine whether you may have a claim. Attorneys Kurasch and Klein are both AV-rated and are committed to pursuing the compensation that injured patients and their families deserve for their harm. We also represent people in Naperville, Wheaton, Schaumburg, and communities throughout Cook County. You can contact us online or call us at 312-372-7250 to set up a free consultation with a personal injury or wrongful death attorney. We look forward to helping you learn more about your legal rights and options.