Medical Malpractice Lawyer Bloomington, IL
Medical Malpractice Lawyer Bloomington, IL
A medical malpractice lawyer in Bloomington, IL, knows that if you need to get treated for an illness or urgent medical condition, you trust your doctor or another medical professional to treat your symptoms. In certain cases, however, a healthcare provider’s poor and inadequate treatment can lead to critical consequences for patients who were under their care. Doctors, nurses, or other healthcare professionals who fail to provide the proper care and treatment can put their patients at risk of suffering an injury or can cause their existing medical condition to deteriorate. If you or someone you know has been injured due to the negligence of a medical professional, hospital, or other healthcare institution, a qualified lawyer like one from Pioletti Pioletti & Nichols can evaluate your case details and suggest ways you can take legal action.
Medical Malpractice Lawyer in Bloomington, IL
From medication errors to surgical errors, medical malpractice is a broad topic that encompasses many types of negligence. Medical malpractice refers to anytime a physician, nurse, or healthcare professional commits actions that cause harm to a patient which they have a duty to care for. Examples of medical malpractice include failing to accurately diagnose an illness, treating a patient with subpar care, or prescribing the wrong medication dosage. Not all cases of negligence qualify as medical malpractice, so a lawyer will need to carefully examine your case and determine if it does. A lawyer must establish core elements in order to prove that negligent actions resulted in medical malpractice.
The main elements of medical malpractice claims can be broken down into:
- Duty. A duty owed to a patient.
- Breach. A breach of that duty.
- Causation. Injury that was directly caused by the breach.
- Damages. The injury resulted in damages.
Major Misunderstandings About Medical Malpractice
Medical practitioners are human. Therefore, they’re prone to error like anyone else. Occasionally, their behavior goes beyond expectations and falls into the realm of negligence or even malice. When this happens, the outcome can be catastrophic. Those who suffer at the hands of a doctor retain the right to sue. Many hesitate to act because they believe in some common misconceptions. The attorneys at Pioletti Pioletti & Nichols understand that a bit of enlightenment may be necessary before their clients feel comfortable filing litigation.
Only Doctors and Surgeons May Be Sued
Medical doctors are the targets in most medical malpractice cases. That said, any medical professional who mistreats someone is fair game. All classes of hospital employees can be found guilty, including nurses, anesthesiologists, and medical assistants. The professional title of the defendant doesn’t matter. What does is that the person’s actions caused lasting harm for which you deserve compensation. Seek the services of a medical malpractice lawyer in Bloomington, IL.
Only Negligence May Trigger a Medical Malpractice Lawsuit
Lawyers at the firm of Pioletti Pioletti & Nichols will tell you that medical malpractice covers many types of patient harm. Gross negligence, such as operating on the wrong body part, is one that often comes to mind. That said, malpractice applies to many actions, including misdiagnosis, improper follow-up, inadequate treatment, and prescribing the wrong medicines. Speak with a medical malpractice lawyer in Bloomington, IL, and discover whether your situation is enough to constitute a lawsuit.
Only Life-Altering Payouts Are Given
Media coverage leaves the impression that these sorts of suits typically result in massive payouts. Since only six-figure cases make the news, audiences are left thinking those are the only types of medical malpractice lawsuits that exist. In reality, many pay litigants a much smaller amount. Judges rarely give awards equivalent to winning the lottery. The money most plaintiffs secure is often just enough to make up for the financial aspect of the incident.
Only Lawyers Get Rewarded
When looking for a medical malpractice lawyer in Bloomington, IL, you’re unlikely to find attorneys wearing Armani suits at offices in ritzy buildings. Contrary to popular belief, most malpractice attorneys do not charge exorbitant fees. Most don’t even bill for the initial investigative costs, and they usually work on a contingency basis. They get paid nothing unless their clients triumph in court. When meeting with a medical malpractice lawyer in Bloomington, IL, ask about pricing and what you can expect to pay should you win.
How Medical Malpractice Is Determined
In medical malpractice cases, lawyers will examine what is known as the standard of care to determine if negligence contributed to a patient’s injury. The legal concept of standard of care is reviewed by lawyers to show whether a healthcare professional deviated from a level of care that other healthcare professionals would reasonably find acceptable. Standard of care definitions can vary from state to state, but a lawyer can explain how the standard of care is interpreted in your particular situation.
Because of the many risks and complexities involved, a lawyer must carefully evaluate a medical malpractice claim. Lawyers do not take every medical malpractice claim, only the ones that they believe have a high chance of success. There are many risks and expenses involved with medical malpractice claims. Factors such as high litigation costs and the intricate nature of the healthcare system make it challenging to navigate. Generally, lawyers with targeted experience and knowledge of the healthcare system can successfully achieve the best results for a medical malpractice claim.
With limited room for error, each detail must be critically scrutinized for accuracy to avoid a claim from getting dismissed. It only takes a minor error for a claim to get rejected. If a claim contains an error and it is caught at the last minute, there is no guarantee that the claim will be able to be corrected. There is a lot at stake in a medical malpractice case, so a Bloomington, IL medical malpractice lawyer needs to be especially skilled to achieve positive outcomes for their clients.
Facts About Medical Negligence and Terminal Patients
If your loved one was diagnosed with an illness that was terminal, you may be wondering if you can claim medical negligence on their behalf due to an incident that took place in a hospital or doctor’s office. As your medical malpractice lawyer in Bloomington, IL may explain, patients who are deemed terminally ill can still experience medical negligence. Even if the medical missteps did not ultimately cause their death, you can bring forth charges against a doctor or hospital personnel in order to bring justice to your loved one and send a message to the medical professional that negligence is not acceptable, even in the instance of a terminally ill patient.
You can contact medical malpractice professionals like Pioletti Pioletti & Nichols to determine whether you have a negligence case on your hands. Your attorney can explain more about what constitutes terminal illness, and you can ask about the difference between medical negligence and wrongful death cases. In the meantime, here are several facts about medical negligence as it pertains to terminally ill patients.
Misdiagnosis Equals Medical Negligence
If your loved one was misdiagnosed or not diagnosed at all by a doctor who should have been able to help them, this counts as medical negligence. As your medical malpractice lawyer in Bloomington, IL will tell you, a misdiagnosis often delays treatment. This can indeed lead to a patient becoming terminally ill.
For instance, if a doctor fails to diagnose a patient who has stage 2 cancer, this patient may still be seeking answers about their illness as their disease progresses to stage 4. As the disease advances, there are fewer treatment options and a higher chance of the disease being ultimately fatal. If the patient was diagnosed properly from the get-go, they may never have reached the stage of terminal illness. Your attorney at Pioletti Pioletti & Nichols may help you compile evidence that shows your loved one may not have become terminally ill if not for the initial misdiagnosis by a less-than-competent medical professional.
Patient Dismissal Equals Medical Negligence
Your loved one deserves to be comfortable and well cared for medically even in their final days. Nurses, doctors and other medical staff should treat terminally ill patients as well as they treat patients who can be cured. Therefore, if your loved one experienced discomfort or was ignored when they brought up a medical issue that was a side effect of their illness or treatment, you can work with a medical malpractice lawyer in Bloomington, IL to make a claim. Dismissing a patient’s medical needs or requests for referrals is medical negligence. Failing to offer thorough examinations with the reasoning that the illness will result in death also qualifies as malicious negligence.
Leading Causes of Medical Malpractice
Several causes of medical malpractice include but are not limited to:
- Prescription or medication errors
- Diagnostic errors
- Surgical errors
- Failure to notice symptoms
- Failure to interpret test results correctly
- Not following established medical guidelines
Benefits of Hiring A Lawyer
To ensure you increase your chances of recovering maximum compensation for different types of damages, it is recommended that you seek legal assistance from a lawyer who has a positive track record of success in medical malpractice claims. They will be able to assist you with a variety of matters, such as filling out paperwork, reviewing your information, collecting evidence, negotiating with insurance companies, and communicating with the parties involved.
Legal Assistance Is Available
There is legal help available if you need urgent assistance regarding a complex medical malpractice claim. Contact a top medical malpractice lawyer in Bloomington, IL from Pioletti Pioletti & Nichols and request a consultation today.
Questions to Ask A Medical Malpractice Lawyer
If you’re the victim of medical negligence, you should hire a medical malpractice lawyer in Bloomington, IL. We understand that the claims process can prompt many questions regarding your case. Prior to your first consultation with a lawyer, it is strongly recommended that you write down a full list of questions you want to raise. Having them written down will make your consultation more informative and helpful for everyone. To find out if a lawyer is the right person to represent you, ask the right questions. Here are a few questions you should ask during your consultation.
- Do You Have Extensive Medical Knowledge? It’s critical for a medical malpractice lawyer to possess vast knowledge about the medical field. He or she should stay up-to-date on research and policy changes in the field. This way, your lawyer will be able to dissect the opinions of medical experts. They will be able to ask the experts the right questions and obtain critical information that will support your case. Ask them what experience they have with the healthcare field and what the extent of their knowledge is. You will want to work with a lawyer who has a strong familiarity with how the healthcare field operates.
- How Many Cases Similar to Mine Have You Handled? From birth injuries to surgical errors, there are many types of medical malpractice cases. Not every medical malpractice lawyer has experience in the same type of cases. When you are doing research for a medical malpractice lawyer, ask them about the types of cases they have worked on and what results they have achieved. Ideally, you’ll want to work with a lawyer who has handled similar cases in the past. This way they will understand what approaches to use and which strategies will yield the best outcome.
- How Many Other Cases Are You Currently Handling? Before you hire a medical malpractice lawyer, you should find out about his or her current caseload. If a lawyer is managing a high caseload, he or she might not be able to give your case the attention it deserves. Some lawyers also have other legal professionals handle their cases. Make sure to ask the lawyer who exactly will be working on your case and how much time will be spent directly on your case. You want them to be able to give enough attention to it and have it resolved efficiently. When you’re dealing with a medical injury, you’d like to get your case settled as quickly as possible.
- Do You Have Trial Experience? While many medical malpractice cases get settled out of court, some of them go to trial. Cases may go to trial if there are certain issues, such as if the defending party is not being cooperative. If your lawyer has trial experience, they have a record of fighting even particularly complex cases. If the insurance company is refusing to offer you a fair settlement, it may be in your best interest to go to trial. That’s why it’s critical to find a medical malpractice lawyer in Bloomington, IL with extensive trial experience. He or she should feel comfortable standing in front of a judge and jury and arguing your case.
- What Are the Strengths and Weaknesses in My Case? It’s a good idea to be aware of the strengths and weaknesses in your medical malpractice case from the get-go. The lawyer should provide you with a detailed and honest assessment about the advantages and disadvantages that come with your case. After assessing the details of your case, a medical malpractice lawyer may be able to provide an evaluation of how your claim may play out.
- What Results Have You Achieved in Previous Cases? Before you select a medical malpractice lawyer in Bloomington, IL, you should find out how many cases he or she has won in the past. You should get a sense of what their accomplishments are like, and obtain information such as the amount of their previous settlements and what kind of clients they have successfully helped. The more successful cases a lawyer has had, the more likely he or she will do a good job on your case.
How Do I Know If I Need A Medical Malpractice Lawyer?
Not everything will be considered malpractice. Sometimes the best doctors can’t prevent something from going wrong. However, there are things that are easily preventable or had more time and care went into the procedure that an injury wouldn’t have happened.
You may need a medical malpractice lawyer if you’ve experienced any of the following:
- Caught an infection in the hospital or doctor’s office
- Been injured during a surgery
- Had the doctor fail to diagnose injury or disease either altogether or in a timely fashion
- Had anesthesia applied wrong
- Given wrong prescriptions
- Not given clear information of possible risks
If you think that you have had this happen then contacting a medical malpractice lawyer in Bloomington, IL, could be your best course of action.
What Your Lawyer Needs
Before you go in for your initial consultation the lawyer you are seeing needs to know everything about your potential medical malpractice case. They are going to want as much detail as possible in order to make this as easy as possible for you.
Any legal case is based on the facts, and medical malpractice lawsuits are no exception. By having all your details sorted already it makes the meeting smoother for both you and your lawyer.
Here are some of the things you need to have:
- Make a list of all your health care providers you’ve been with for the condition underlying for your claim
- Summarize your relevant medical treatment in writing
- Gather relevant correspondence and documents
- Makes a list of questions for the lawyer
- Decide what you are looking for in a medical malpractice lawyer
It can seem overwhelming at first but gathering these documents will save you time in the long run.
What Counts for Information?
When it comes to knowing what to write down from the list above it can seem like that would be too much to ask. However, it is all necessary for you to get the best outcome for your case.
Making A List of All Your Health Care Providers
Medical malpractice plaintiffs in general have seen many different health care providers over the course of the diagnosis. This can be anyone from your general practitioner to hospitals to therapists along the way. You’ll need all of this information as it will show who you saw for your condition. It will lay out all the different medical professionals and which ones were the ones helping you.
Summarizing Your Relevant Medical Treatment
You could probably write a book about your treatment and what has gone on. However, you don’t need an essay on what happened. What you need to do is focus on when the condition first happened, who you saw for it, what happened, what you think the medical professional did wrong in treating you, and who you saw to try and correct the problem created. It doesn’t have to be terribly long as you have the facts straight.
What Are Relevant Documents?
You’ve probably formed a decent stack of documentation over the time this has taken place. Not all of them are going to be needed but there are plenty that are. The ones that you should have are as follows:
- Any medical records and doctors
- Medical bills
- Photographs of your condition if possible
- Your health insurer information
- Any correspondence you’ve had with any insure involved in your claim
- Proof of lost earnings
These documents will make it easier for your lawyer to start working on a case rather than having to dig for them. If you are in need of a medical malpractice lawyer, don’t wait another day to learn about your options. A qualified lawyer from Pioletti Pioletti & Nichols knows that you need to be heard and they are all ears, and if you think you’ve suffered from medical malpractice then don’t hesitate to contact us.
How to Build a Medical Malpractice Case
Healthcare is one of the cornerstones of society, and every day, people put their trust in medical practitioners to heal and guide them. Unfortunately, doctors are not infallible, and their mistakes could lead to new or worsened problems for their patients. If you think you’ve been injured at the hands of a doctor, you should contact a medical malpractice lawyer in Bloomington, IL to start building your case.
Understand Medical Malpractice
Medical bills are expensive, and suffering an injury or deteriorating condition due to the fault of a medical professional only makes it more difficult to keep up with finances as well as your health. Medical malpractice suits exist so that those injured by doctors or other healthcare professionals can seek compensation in order to cover the cost of medical bills and proper treatment. In some cases, punitive damages could be awarded to deter mistakes from continuing. If you think you’ve experienced such treatment or if you’re unsure, contact a medical malpractice lawyer in Bloomington, IL to determine whether or not you have a case.
Establish a Breach in the Standard of Care
Standard of care is a standard set of behaviors that the average medical professionals are expected to reasonably follow. Specifics could depend on the industry or the location, but at its foundation, no medical professional is supposed to cause harm to their patients. A breach would be a deviation from this standard and could include behaviors such as incorrect diagnoses, poorly executed surgeries, incorrect treatments, or failure to follow protocol.
Seek Legal Counsel Early
In Illinois, the statute of limitations on a medical malpractice claim is two years, but the timeline starts upon the discovery of medical malpractice, not when the malpractice actually took place. Take surgery, for instance. You might not realize that your surgery was conducted incorrectly until years after the fact when you start to notice internal problems. A checkup with another doctor may reveal the improper treatment you received. As soon as you realize this, that’s when the timeline starts, so seek out a medical malpractice lawyer in Bloomington, IL to start building your case so that important evidence isn’t lost.
The more documentation you have, the better. Start with compiling a list of the relevant health care providers you worked through, doctors and nurses who administered some form of treatment, medical records that detail operations and diagnoses, and any associated medical bills. Whenever possible, include photography. If you didn’t realize you suffered under medical malpractice until well after your treatment, make sure you have documentation from a second medical professional.
Benefits of Hiring a Medical Malpractice Lawyer
If you suffered an injury while under a medical professional’s care, you have the right to file a medical malpractice lawsuit. However, you should not do so without legal assistance. Here are a few benefits of hiring a medical malpractice lawyer in Bloomington, IL.
- Know the true value of your claim. Very few medical malpractice victims know the true value of their claims. Therefore, they may undervalue their claim and accept low settlement offers from insurance companies. That is one good reason to have a skilled medical malpractice lawyer on your side. He or she has handled similar cases in the past and will know the actual value of your claim. Your lawyer will consider many factors, such as the cost of your medical expenses, expected cost of future medical bills and lost wages, before determining a dollar value.
- Assist with paperwork. Filing a medical malpractice lawsuit involves mountains of paperwork. When you are dealing with an injury, filling out all these documents may be overwhelming. You may not even understand all the complex legal terminology in the paperwork. If you hire a medical malpractice lawyer, he or she can help you fill out this paperwork and file it on time.
- Have access to resources. If you work with an experienced medical malpractice lawyer, you will also be able to take advantage of his or her resources. For example, your lawyer may know medical experts who can testify that your doctor was negligent when treating you. If the medical expert agrees that the doctor who treated you was negligent, you have a better chance of winning your case.
- Negotiate with the insurance company. When it comes to insurance companies, their bottom line is their first concern. They will stop at nothing to get out of paying you what you truly deserve. This is another good reason to have a skilled lawyer on your side. He or she knows how to negotiate with insurance companies and won’t let them take advantage of you.
- Speed up the process. A medical malpractice lawsuit can definitely be stressful to deal with. You are probably anxious to concentrate on your healing and move on with your life. If you hire a medical malpractice lawyer, he or she will know how to speed up legal proceedings and help you get a settlement much sooner.
Medical Malpractice Lawyer Bloomington, IL
If you or a loved one have been a victim of medical malpractice it is in your best interest to contact a medical malpractice lawyer in Bloomington, IL. Medical errors are the third leading cause of death in the United States and this accounts for roughly 450,000 deaths per year. This is a scary number and the worst part is medical malpractice can easily be avoided.
There are three common medical malpractice claims and each one could be avoided. Below is a list of what each type is and what it means. As just because you got a result you didn’t like, doesn’t mean malpractice was done. Even the best doctors can’t solve every problem. It is critical you know the difference as medical malpractice can be devastating, where not liking the result or just not liking the doctor’s bedside manner can just lead you to another physician.
Misdiagnosis or Delayed Diagnosis
About one-third of all filed medical malpractice claims are related to missed or delayed diagnoses. An incorrect or late diagnosis may result in unnecessary treatment or the patient not receiving timely treatment. This can be incredibly dangerous and damaging to the health of the patient. Here are some of the ways a misdiagnosis can happen:
- The physician fails to recognize clinical signs and symptoms
- There is a failure to order medical testing or seek additional information
- There is a failure to refer the patient to a specialist
- There are mislabeled lab or test results
- The test results are lost
- There are errors when conducting a test or evaluating data
Failure to Treat
When a physician fails to treat a patient it is violating the standards of care that a medical caregiver accepts when taking on patients. This is a form of negligence and is a frequent cause of malpractice claims. Here are some of the ways this can happen:
- Releasing a patient too soon from the hospital
- Failing to provide instructions for follow-up care
- Not ordering the appropriate medical tests
- Neglecting to consider the patient’s medical history
Another way that isn’t as common is when a doctor takes on too many patients at a time. This can easily overwhelm someone and treatment can be lost or things are forgotten.
Prescription Drug Errors
When a prescription drug error occurs it can cause anything from a mild allergic reaction to the loss of life. This can even happen in the hospital where the patient receives the wrong medication. Here are some of the most common forms of a prescription drug error:
- Prescribing the wrong medicine for the diagnosed condition
- Prescribing an incorrect dosage
- Failing to recognize drug interactions or allergic reactions
- Failing to recognize signs o addiction, accuse, or overdose
All of these errors could mean life or death to you or a loved one if not caught early enough. That is why if you or a family member are suffering from what you suspect to be a medical error it is in your best interest to find a medical malpractice lawyer in Bloomington, IL.
Medical Malpractice Lawyer Bloomington, IL
A medical malpractice error could mean life or death and that is why contacting the medical malpractice lawyer in Bloomington, IL is in your best interest to help resolving your case. When you think about the term medical malpractice what do you think about? Do you think about things like rising healthcare costs, victims searching for a get rich quick scheme, or doctors shelling out hundreds of thousands of dollars?
Decades of misconceptions have no lessened the popularity of medical malpractice mess. The reality of medical malpractice litigation is very different from what the media shows.
Common Medical Malpractice Myths
Take a look at these myths about medical malpractice and why they’re simply that.
Medical Errors Are Rare
One of the biggest myths is that medical errors are rare. However, they are extraordinarily common and they are the third-highest cause of death in the United States. They account for 250,000 deaths per year and about 10% of all deaths fall under the category of medical error, making it easy to disprove this myth. As much as we wish this wasn’t true, it sadly is. This is why knowing what the medical malpractice lawyer in Bloomington, IL can offer is important.
Victims Are Looking to Get Rich
The media would have you believe that the majority of medical malpractice victims are looking to just get rich. However, the majority of victims aren’t looking to get rich at all. The vast majority of medical malpractice victims are seeking compensation for the damages that have been incurred due to negligence on behalf of the hospital or healthcare professional. This could be covering the loss of wages, medical bills, therapy, rehabilitation, or any other factors that could come into play. It’s not a secret that medical bills can get expensive quickly and many people just want enough to cover them and have a safety net to fall on.
Doctors Can’t Afford to Practice Because of Malpractice Claims
There are many people that believe that doctors are paying out of their own pocket after a medical malpractice lawsuit. The reality is that most medical professionals are protected by liability insurance. This insurance is going to protect the doctors from the liability of the medical malpractice claim. In fact, most hospitals and employers required doctors to carry liability insurance.
How Do I Know If I Have a Medical Malpractice Case?
In order to have a valid medical malpractice case, you have to prove that your doctor was negligent and you suffered harm as a result. You can’t claim medical malpractice if you are simply unsatisfied with the outcome of a medical procedure. To establish malpractice, you must show that you had a relationship with the medical provider, the medical provider was negligent, the negligence resulted in your injury and you suffered damages because of the injury.
How Much Time Do I Have to File a Medical Malpractice Claim?
If you wish to pursue compensation from a negligent medical provider, you have a limited amount of time to do so. In Illinois, the statute of limitations to file a medical malpractice claim is two years from the date of discovery. After that deadline has passed, you’re no longer eligible for compensation.
What Are Examples of Medical Malpractice?
There are many kinds of medical malpractice, including medication errors, missed diagnosis, delayed diagnosis, surgical mistakes and anesthesia errors. If you’re the victim of any of these medical mistakes, it’s important to discuss your case with a medical malpractice lawyer in Bloomington, IL promptly.
Who Can Be Liable for Medical Malpractice?
Many people assume that doctors and surgeons can only be held responsible for medical malpractice. However, many other types of healthcare professionals can be sued for malpractice, including dentists, nurses, anesthesiologists and medical assistants.
Do Medical Malpractice Cases Frequently Go to Trial?
No. Like with other personal injury cases, most medical malpractice cases get settled out of court. However, if the other side isn’t willing to come to a fair settlement, it may be in your best interest to go to trial.
What’s Informed Consent?
Informed consent is when a doctor informs a patient of possible side effects and complications before performing a medical procedure. If a doctor doesn’t tell the patient of these potential outcomes and the patient suffers an injury from the treatment, a medical malpractice case can arise.
Medical Malpractice Lawyers Are Too Expensive
This is a common myth that isn’t just with medical malpractice lawyers. You’ll find that many people believe that lawyers are just too expensive and aren’t worth taking on a case. However, the majority of personal injury lawyers that specialize in medical malpractice are going to work on a contingency fee basis. If you’re unsure about fees it is in your best interest to talk to the lawyer that you’re looking at.
If you or a loved one have been injured as a result of medical malpractice contacting a medical malpractice lawyer in Bloomington, IL is often in your best interest to help you get the compensation you deserve.