Part of determining whether you can bring a medical malpractice lawsuit lies in the question: What is medical malpractice?
In legal terms, an Illinois medical malpractice action is any action, “in which the plaintiff seeks damages for injuries or death by reason of medical, hospital or other healing art malpractice.”
Typically, you can recover compensation for medical malpractice if you can show that your doctor broke the rules of his profession and caused you or a close family member injury or death. In other words: Did your doctor do something or not do something that caused you harm? Did he or she act “negligently”?
(Learn more about how to determine if your doctor acted negligently here: ” Do I have a medical malpractice case?”)
Who Can Be Held Accountable for Medical Malpractice?
Multiple parties may be held accountable for medical malpractice, including medical professionals and medical facilities. For example, in a case where someone is injured during surgery, it may seem an obvious choice to sue the surgeon, but the injury may have been caused by the nurses, anesthesiologists or the medical facility. Indeed, it may even be a negligent janitor.
The point is, anyone who causes an avoidable injury is a potentially responsible party and is accountable for their actions. This would include family physicians, chiropractors, pharmacists, dentists, outpatient centers and any other medical professional or hospital who can be linked to the medical malpractice.
How Much Compensation Can I Recover for Medical Malpractice?
The amount of compensation you can recover in a medical malpractice case is based on a number of factors, including the facts of each case, the judge/jury who hears your case, the evidence gathered by both sides and the skill of your medical malpractice attorney.
Typically, medical malpractice plaintiffs ask for a wide range of damages such as:
- Medical bills (including past, present and future medical bills)
- Rehabilitation costs
- Pain and suffering
- Loss of income (including future losses)
- Loss of quality of life
- Funeral expenses
- Loss of the services a parent/husband/wife provided
Some of the above damages are “compensatory damages” that can be proven through specific evidence (such as past medical bills). Others are less clear-cut and often based on a person’s individual experience (such as damages for pain and suffering).
Contact an Experienced Malpractice Attorney in Chicago, Illinois
If you believe you or a loved one is the victim of medical malpractice, turn to Cirignani Heller & Harman. We have experienced medical malpractice lawyers and board-certified doctors on staff. We can help you understand if your injuries are someone’s fault because of medical malpractice or any other reason and, if so, gather the evidence you need to hold the negligent doctors and responsible parties accountable.