Schaumburg Medical Malpractice Lawyer

The four hospitals near Schaumburg are generally considered places of healing for Schaumburg’s 78,000 residents [1, 2]. For example, Northwest Community Hospital in Arlington Heights won the Patient Safety Excellence Award for three years straight, and Ascension Alexian Brothers is in the top 1% of hospitals nationwide for the highest clinical quality [3, 4].

However, this does not mean medical mistakes don’t happen at these establishments, such as the man who suffered sepsis from a botched medical procedure at Northwest Community Hospital [5].

If a doctor or nurse fails to provide appropriate care, a Schaumburg medical malpractice lawyer from our law firm will help you untangle the legal issues associated with this tragic event and represent your interests against a doctor, other healthcare professional, or hospital.

Why You Need a Specialized Medical Malpractice Lawyer in Schaumburg, IL

Those who have suffered from malpractice need a medical errors attorney serving Schaumburg, IL, because these cases are more complicated than other forms of personal injury. Proving medical malpractice requires an understanding of medicine, including the assistance of professionals familiar with the particular details of cases like yours.

Unlike other personal injury cases, such as a car crash between two passenger vehicles, your case is being mediated not only by professional insurance company representatives but also by other lawyers.

Many hospitals have their own lawyers to dispute allegations of medical errors; in fact, there are more than 32,000 healthcare attorneys in the United States, generating $6.9 billion by protecting healthcare providers from lawsuits [6].

Seeking a Schaumburg medical malpractice lawyer allows you to ensure you will have a skilled professional negotiating this complicated legal issue, allowing you to focus on healing from your injuries.

Do I Need a Lawyer if I’m Offered a Settlement for Medical Malpractice?

It is crucial you get in touch with a Schaumburg medical malpractice lawyer if you are contacted by the insurance company wishing to settle. The insurance company will seek to reduce their financial burden as much as possible, and so they will offer you a sum less than what your case is potentially worth.

Schaumburg medical malpractice attorneys from our firm will be able to evaluate the damages using our experience with similar cases, leveraging evidence like medical records and expert testimonials to prove our calculations. We’ll use our negotiation skills to push for the maximum offer available, never settling for less than what we believe your case is worth.

Types of Medical Malpractice Cases in Schaumburg

Our medical malpractice lawyers represent injured patients who have suffered any type of injury from the negligence of healthcare providers. This includes:

• Birth injuries
• Medication errors
• Wrong body part amputations
• Misdiagnosis
• Failure to treat
• Nursing home neglect
• Surgical errors
• Retained surgical instruments
• Anesthesia errors

Common Injuries Sustained Due to Medical Malpractice

Medical malpractice can cause numerous injuries, such as:

• Broken bones
• Overdose
• Infections
• Infertility
• Burns
• Internal hemorrhaging
• Allergic reactions
• Traumatic brain injuries
• Nerve damage
• Amputations
• Paralysis
• Death

Medical Malpractice Law in Illinois

Medical malpractice law in Illinois is designed to protect patients who have suffered harm due to the negligence of healthcare professionals.

To establish a case, the patient must prove that the healthcare provider breached the standard of care, directly causing injury or harm. Illinois law requires the filing of an affidavit from a qualified medical expert, attesting that the case has merit.

There are also specific time limits, known as statutes of limitations, within which a medical malpractice claim must be filed.

Statute of Limitations for Medical Malpractice Lawsuits

The statute of limitations for medical malpractice is 2 years in Illinois. As much of this time will be spent seeking compensation from the relevant insurance company before filing a medical malpractice lawsuit, it is critical you contact a Schaumburg medical malpractice attorney as soon as possible.

This ensures our law firm has adequate time to negotiate before trying to recover damages through a court case.

Burden of Proof

In civil cases like medical malpractice, the plaintiff must demonstrate by a preponderance of evidence that the doctor or other provider was negligent.

However, the preponderance of evidence and the method by which negligence is proven are slightly different for medical malpractice law.

Our Schaumburg personal injury lawyers need to demonstrate that the care provided did not match the standards required of professionals working in a given specialty, which is proven using documentation from specialty organizations and the testimony of expert witnesses.

In medical malpractice cases, it must also be shown that the poor outcomes were the result of this negligence and would not have happened had the medical professional upheld the standards of care expected of them.

Modified Comparative Negligence

In Illinois, medical malpractice, like other personal injury suits, relies on modified comparative negligence to determine settlement amounts in a lawsuit.

In these cases, every party to the suit will be assigned a percentage of blame. If you are considered less than 50% responsible for your injuries, then you can claim compensation, but your ultimate settlement will be reduced by the percentage for which you are determined liable.

As an example, the medical professionals responsible for your care may be found primarily responsible for surgical errors. However, if you did not follow guidelines for aftercare, you may be found partially liable for any complications that result, and your compensation will be reduced as a result.

Can I File a Claim if a Loved One Died Due to Medical Negligence?

Surviving family members can recover damages for a medical malpractice issue through a wrongful death lawsuit. However, only the surviving spouse or children of the deceased can make a wrongful death claim, as they are considered next of kin.

If the decedent had no surviving children or spouse, then other relatives, including surviving parents or siblings, may seek compensation.

What to Expect When Working With Rosenfeld Injury Lawyers

A medical malpractice lawyer handles many aspects of your case, which includes gathering evidence, negotiating, preparing for trial, and filing legal paperwork on your behalf.

The first step is to gather evidence, such as medical records, eyewitness testimony, and expert witnesses. It is crucial to identify whether negligence caused a poor outcome, which necessitates expert opinions from medical professionals. We have extensive contacts in the medical field who can assist us in establishing the provider did not meet the standards of their specialty.

Your medical malpractice lawyer will negotiate a settlement with the relevant insurance company on your behalf, using our experience in similar medical malpractice cases to prove why a given number is appropriate based on the facts of the incident. We always push for maximum compensation for our clients, knowing they need funds to heal.

If we are not able to reach a settlement, we will provide you with legal representation in court. We’ll file a medical malpractice lawsuit, attend hearings, find witnesses, and prepare arguments proving the connection between your poor health outcome and medical negligence. We will also appeal your case if necessary.

The Cost of Hiring a Medical Malpractice Attorney

Working with a Schaumburg medical malpractice lawyer from Rosenfeld Injury Lawyers costs you nothing out of pocket, as we work on a contingency fee basis. This means we deduct our legal fees from your settlement rather than charging you a retainer fee.

You can schedule a free consultation to discuss your legal options, and we will represent you with no out-of-pocket expenses throughout the duration of your case.

Establishing Liability and Proving Medical Negligence

Various individuals in the medical industry, including doctors, nurses, pharmacists, and other professionals like technicians or nursing assistants, may be held liable for medical malpractice.

If a nurse was found to be primarily liable, the overseeing doctor may also be held accountable for the failures of their staff.

There is a four-step process to prove negligence, which includes these elements:

1. Duty of Care – A medical malpractice lawyer must prove there was an established doctor-patient relationship at the time of the incident.
2. Breach of Duty – This element relies on proving the healthcare professional did not adhere to established standards of care for their given specialty. For example, a medical misdiagnosis attorney serving Schaumburg, IL, must ally with experts who can demonstrate that, given the diagnostic evidence, a competent professional from that field would have been able to diagnose the disease.
3. Causation – A failure to uphold the established standards of care resulted in the injury rather than other factors, such as a surgical incision getting infected because the patient did not follow aftercare instructions after returning home. It must be established the injury would not have happened if there was no breach of duty.
4. Damages – The patient suffered losses as a result of this failure, whether that was a worsening of a condition because of delayed diagnosis or death from an anesthesia error.

Damages You Can Recover for Medical Malpractice Claims in Schaumburg

Our personal injury law firm serving Schaumburg, IL, will seek several types of damages, which include economic and non-economic damages.

Economic damages are those related to financial losses resulting from the medical malpractice, such as:

• Lost wages
• Loss of future earning potential
• Medical bills
• Out-of-pocket expenses
• Funeral expenses in the event of wrongful death

Non-economic damages are related to the impact of the medical malpractice on your life, which includes:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship for wrongful death

How Much Is My Medical Malpractice Case Worth?

There is no predetermined settlement amount for medical malpractice claims, as each case is different. The amount you may receive depends on the extent of your injuries, as well as the impact they have on your everyday life.

For example, if you suffered from a wrong body part amputation and lost the use of a healthy limb, you are likely to receive more compensation than if you suffered from a more minor medical error. A wrongful death lawsuit is likely to result in higher damages than other cases.

Additionally, Illinois law surrounding modified comparative negligence will play a factor in how much you can receive. The percentage of blame assigned to you, if any, will reduce your final sum.

How Long Do Medical Malpractice Cases Take to Resolve?

As medical malpractice cases are complicated, they may take longer to resolve than other areas in personal injury law practice.

If we are not able to reach an agreement with the insurance company and must pursue your medical malpractice claim in court, the litigation process may take 1 to 5 years.

Will My Medical Malpractice Case Go to Trial?

It’s uncommon for our lawyers to file a medical malpractice lawsuit, as most can be resolved in negotiations with the insurance company.

However, if we are not able to reach an agreement with the relevant parties, then our legal team will guide you through the civil court case process, representing your best interests in open court.

Get in Touch With Reputable Schaumburg Medical Malpractice Lawyers Today!

If you have suffered an injury due to substandard care by a medical professional in Schaumburg, we’re here to help. With years of experience and a proven track record of success, Rosenfeld Injury Lawyers have recovered millions for our clients, ensuring they have the funds they need to recuperate. We work on a contingency fee basis for all of our personal injury cases, which means you owe us nothing unless we are able to earn you a settlement.

Call a Schaumburg medical malpractice lawyer at (888) 424-5757 or contact us online to schedule a free consultation regarding your case.

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References: [1] Healthgrades, [2] Data USA, [3] Healthgrades, [4] Healthgrades, [5] Cook County Record, [6] IBISWorld

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.