Rockford Medical Malpractice Lawyers
Medical mistakes that cause serious injury cannot go ignored.
If you need a medical malpractice lawyer in Rockford, we’re here to help you understand your options and take the next step.
We trust medical professionals with our health and welfare, and we hold them to a very high professional standard.
We expect our healthcare workers to keep us safe and away from harm. The work they do and the procedures they perform are invasive and come with a fair amount of risk.
When they make a mistake the consequences can be life-altering. If they are negligent, irresponsible, or reckless, and they cause us harm – we have the right to file a medical malpractice lawsuit.
Question: Do I have a medical malpractice case?
Quick answer: If a provider’s mistake fell below the standard of care and caused harm, you may have a claim. A Rockford medical malpractice lawyer can review the facts and tell you whether it’s worth pursuing.
SPEAK TO A MALPRACTICE ATTORNEY
Attorneys for Medical Malpractice in Rockford deal with medical situations on a regular basis. We have professional relationships with medical professionals to assist us in determining the legitimacy of your case. We make home, hospital, and rehabilitation center visits on a regular basis, and there is no fee unless we recover for you.
Hire attorneys who are experienced in medical malpractice cases so you get the guidance you need. If you’re searching for a medical malpractice attorney you can trust, we’re ready to talk.
What is Considered Medical Malpractice Lawsuit?
A medical malpractice lawsuit is a type of personal injury claim where the injured person claims that these medical errors could have been prevented with proper medical care. It’s an assertion that the medical professional failed to fully make sure that you were safe and failed to operate as a reasonably careful physician would.
Have you been injured by a careless dentist?
This is a form of medical malpractice but happens more frequently than you would think. Read more about dental malpractice lawsuits here.
How Do I Know if I Have a Malpractice Lawsuit?
Having a poor experience, a surgery failure, or a medical procedure that doesn’t solve your issues – are, by themselves, not grounds for a lawsuit. To win a medical malpractice lawsuit you must prove negligence, malpractice, or there was a deviation away from what would be considered standard professional medical care.
For example, malpractice cases can involve the misreading of an X-ray or an improper cast application, while another may involve a significant deviation from the required standard of care during a surgery that results in a major injury or even patient death.
A simple way to think about it: if the care fell below the accepted standard and that mistake caused harm, a medical malpractice lawyer may be able to help.
There are 4 D’s to medical negligence that need to be proven to successfully win a malpractice lawsuit.
What are the Four Ds of Medical Negligence?
Generally, there are 4 areas that we need to prove to successfully file a medical negligent lawsuit. They are referred to as the 4 D’s – Duty, Deviation, Direct Causation, and Damages.
Duty of Care
Any medical professional that has a direct provider-patient relationship owes a duty of care to that patient, or reasonable, competent medical care.
Deviation of Duty
Another aspect we have to prove is deviation of duty, or to prove that the actions of the doctor weren’t what other doctors would have done, weren’t in line with best practices, and weren’t reasonable under the circumstances.
Direct Causation
We need to prove the damages were the direct cause of the actions by the medical professional.
Damages
The actions of the doctor need to have caused some significant damage. Simply prescribing the wrong medication that had no ill effect is not enough for a negligence claim.
Hiring a Malpractice Attorney is Your Best First Step
Medical Malpractice Suits Must Be Carefully Investigated
In the majority of medical malpractice cases, negligence isn’t intentional. In these cases, expert testimony is almost always a requirement. And a qualified expert will be required at any trial. These expert opinions are often a crucial feature of the patient’s case.
Our medical malpractice lawyers have long-standing professional relationships with several medical professionals who we work with in every medical malpractice case.
And remember – it’s important that your attorney starts your case as if it will go to trial. Not every medical negligence lawyer does this. It’s much, MUCH, more work to prepare a case this way. Don’t allow your attorney to simply file some paperwork without doing a full investigation. Digging in and learning about what happened to you and reaching out to professionals to review your exact situation makes a world of difference in if you win or lose.
At Rockford Personal Injury Lawyers, we treat every medical malpractice case as if it will see a trial, even if it doesn’t. It’s your best chance at winning a fair recovery.
Medical Cases Are Expensive and Time-Consuming
It’s well understood that hiring a personal injury lawyer who dedicates themselves to malpractice lawsuits can help tremendously. A good medical malpractice attorney will be able to analyze your case and provide you with answers to your questions. A lawyer who devotes a good amount of their time to medical cases can let you know if you should consider pursuing a malpractice lawsuit. They’ll be able to answer all your questions, and best of all – there is no charge to simply call and get a Free Consultation – Call Now – (815) 964-8303.
Medical Malpractice Statute of Limitations in Illinois
How long do I have to file a medical malpractice lawsuit?
Illinois sets a time limit of two years to file a medical malpractice personal injury lawsuit in civil court. However, the “discovery date” can be the start of the two-year time limit also.
In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. However, a statute of limitations might start from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
Illinois City or County Malpractice Lawsuit Time Limits
For lawsuits against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
Medical malpractice statutes are some of the more complex in the Illinois civil code and discussing your options and statute of limitations with a qualified Illinois medical malpractice lawyer is only a text, e-mail, or phone call away.
Get A Lawyer With A History and Knowledge You’ll Need – Get Rockford Personal Injury Lawyers On Your Side
Types of Medical Malpractice Lawsuits
Surgical Error Injury Cases
Did you experience a surgery that didn’t go as planned?
When we undergo a surgical procedure, we expect medical personnel to provide excellent care. Sometimes, a procedure does not go our way, and there is no one to blame. In other instances, a procedure does not go our way, and it could have been avoided. In these instances, the first question we usually ask is, “How did this happen?” It’s a reasonable question, and we deserve an answer. Surgical mistakes can create lifelong complications, severely impact the quality of life, and breed astronomical medical bills. A medical malpractice lawyer can investigate whether negligence played a role.
Types of Surgical Errors:
- Surgical errors can occur when a medical professional:
- Operates on the wrong side of the patient’s body
- Operates on the wrong patient
- Operates on the wrong body part
- Incorrectly administers anesthesia
- Leaves surgical tools inside the patient’s body
- Injures another part of the patient’s body
- Fails to properly sanitize
Birth Defect and Injury Cases
157,700 Birth Injuries Could Have Been Prevented
According to the Center for Disease Control, 1 out of every 33 children is born with a birth defect. Birth defects are defined as structural changes present at birth that can affect almost any part of the body. They can range from mild to severe, and may also affect how the body looks, how it works, or both.
On the other hand, birth injuries are defects that an infant sustains right before, during, or after birth. In the United States, one out of every 9,714 children suffers a birth injury. In 2006, approximately 157,700 birth injuries to mothers and infants were reported. These injuries could have been prevented.
Incorrect or Improper Medical Diagnosis Injury
Medical professionals are trained to diagnose and treat their patients accordingly. Unfortunately, sometimes these professionals make the wrong diagnoses. When this happens, the results can be tragic. Incorrect diagnoses can result in prolonged medical issues or unnecessary therapies, treatments, or operations that would otherwise be unnecessary. If you believe that you or a loved one has been made the victim of an incorrect diagnosis, you may be entitled to compensation. A Rockford medical malpractice lawyer can review your medical records and timeline.
Pharmacy and Medication Error Injury Cases
One person each day dies from a medication error
Approximately 1.5 million people are injured every year due to a medication error. Although most medication errors have no adverse consequences to patients, many of these errors can cause significant health problems and lead to death. Medication errors can occur at any point during the course of treatment. A physician may prescribe the wrong medication, the pharmacist may fill the wrong medication for the patient, or a patient may be given an incorrect dosage. Many things can happen, and when they do, it is important to get to the bottom of what happened.
How Much Money Can I Get For A Medical Malpractice Lawsuit?
Suing for Medical Damages
Actual Damages
Under Illinois law, if you or a loved one has been injured or harmed from a medical malpractice matter, you may be entitled to reimbursement of medical expenses, or compensation for pain and suffering, disability, disfigurement, permanent impairment, and loss of earning potential. It’s important to keep records of your medical bills and time off from work, as these can help you calculate your actual damages.
Punitive Damages
In some cases, punitive damages may also be awarded to punish the defendant if his or her conduct was not only negligent but also reckless or intentional. Punitive damages aren’t recovered for any specific loss. Instead, they are levied against the defendant as punishment to discourage negligence in the future. The court will determine whether to award the plaintiff with punitive damages and how much the award will be. According to Illinois law, punitive damages may only be awarded if actual damages are also awarded.
Medical malpractice lawsuits are complicated. It’s best to hire an attorney to help. There are several aspects where an injured victim can sue for damages. Consulting a medical malpractice lawyer early on in your case is the best way to ensure that your losses have been properly documented so that you receive fair value for your claim.
Contact a Rockford Medical Malpractice Attorney to Help
Rockford Personal Injury Lawyers work with medical cases frequently. We have medical professionals we contact on a regular basis to help us determine the legality of your case. Hire attorneys that are familiar with medical lawsuits and can help guide you when you need it most. We routinely do home, hospital, and rehabilitation center visits, and there is absolutely no fee unless we win a recovery for you.
We service Rockford, Loves Park, Machesney Park, Freeport, Belvidere, Roscoe, Rockton, and the surrounding areas. For an in-depth, free, and thorough consultation, please call or text message us 24/7/365 at (815) 964-8303 or e-mail us at contact@rockfordinjurylaw.com 24/7/365. If you’re looking for a medical malpractice lawyer, we’re ready to help.
Frequently Asked Questions
FAQ
Do I have a medical malpractice case in Rockford?
If a doctor, hospital, nurse, dentist, or other provider made a preventable mistake and that mistake caused harm, you may have a claim. A Rockford medical malpractice lawyer can review your records and timeline and tell you whether it’s worth pursuing.
What counts as medical malpractice in Illinois?
Medical malpractice usually means the provider’s care fell below the accepted standard of care and caused injury. It’s more than a bad outcome—there must be negligence that directly led to harm.
What is the statute of limitations for medical malpractice in Illinois?
In general, Illinois allows 2 years from when you knew (or should have known) about the injury, and there is also a 4-year “outer limit” (statute of repose) in many cases. Minors and some disability situations have different rules.
Source: 735 ILCS 5/13-212 (Illinois General Assembly).
What are the “4 Ds” of medical negligence?
Most malpractice cases boil down to proving: Duty, Deviation, Direct Causation, and Damages. If any one of those is missing, the case is usually much harder to win.
Do I need an expert opinion to file a malpractice lawsuit in Illinois?
Often, yes. Illinois has specific filing requirements in many healing-arts negligence cases that involve a supporting report/affidavit process.
Source: 735 ILCS 5/2-622 (Illinois General Assembly).
What damages can I recover in a medical malpractice lawsuit?
Depending on the case, damages may include medical bills, future care, lost income, loss of earning capacity, disability, disfigurement, and pain and suffering. The value depends heavily on documentation and the medical evidence.
What if the malpractice involved a government hospital/clinic or public entity?
Deadlines and procedures can be different (and sometimes shorter) when a public entity or the State is involved. For example, many claims against local public entities have a 1-year limitation, and Court of Claims matters can have special notice rules. Sources: 745 ILCS 10/8-101 and 705 ILCS 505/22-1 For Court of Claims resources: Illinois Secretary of State – Court of Claims.
How much does a medical malpractice lawyer cost?
Most malpractice cases are handled on a contingency fee—meaning no upfront fee, and the attorney is paid only if there’s a recovery. If you’re unsure, you can start with a free consultation to find out if you have a case.