What is medical malpractice? Medical malpractice happens when healthcare professionals do not provide an acceptable level of care to their patients and injure them as a result.
A medical malpractice lawyer from Postman Law can help you get an outside assessment of the type of medical error you suffered and aggressively fight to secure results in your case.
How You Know if Your Injuries Were Caused by Medical Malpractice
Medical malpractice occurs when doctors and other medical staff are negligent and don’t provide the level of care they are obligated to show patients. If you develop a new injury, illness, or condition because you didn’t receive quality care, there is a good chance your healthcare providers became lax in carrying out your treatment.
It’s important to know what medical malpractice is, because it can temporarily or permanently damage your health. For example, you could be prescribed medication that triggers an allergy or severe side effects. A delayed or missed diagnosis of a heart condition or cancer could mean the difference between life and death.
Postman Law can help you pinpoint where the error originated and its detrimental effects on your health. This information is critical for demonstrating that you sustained harm, getting an outside review, and building your case.
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Common Medical Errors That Can Contribute to Patient Injury and Medical Malpractice Claims
Medical malpractice can take different forms and affect patients in myriad ways. Doctors, nurses, technicians, pharmacists, specialists, administrators, and other parties can be liable for not providing you with the care you deserved. The scope of your medical malpractice claim can depend on the error that occurred and who caused it. Some common examples of medical malpractice can include:
- Medication errors: These errors occur when physicians prescribe patients the wrong medications or a dosage that is above or below what they need.
- Surgical errors: Surgeons can leave tools and other medical supplies inside a patient’s body if they don’t pay attention when finishing up a surgery. Anesthesia errors can also occur during these procedures.
- Diagnostic errors: Doctors can fail to diagnose patients, diagnose them with the wrong condition, or delay a diagnosis, which can have profound effects on their health and care.
- Equipment errors: Medical professionals use various devices when treating patients and conducting procedures. When the devices are defective, used incorrectly, or operated by someone with limited training, they can cause injury.
- Staff and communication challenges: Understaffed healthcare facilities, poor training, and miscommunications and delays can jeopardize patient health and contribute to many other types of medical errors.
- Infections caused by hospitals: Patients can develop infections when they are exposed to unsterilized equipment and environments, dirty conditions, and poor wound care. This can be considered malpractice when facilities do not take the necessary preventive measures.
These errors can result from fatigue, poor training, carelessness, and so much more. Hospital staff regularly face demanding schedules that can lead to burnout, a decrease in comprehension, and an increase in errors. However, personnel are held to strict medical and legal regulations, and an error that harms a patient can be an egregious violation that Postman Law can help you take action on.
Important Legal Considerations in a Medical Malpractice Case
One of the differences between personal injury and medical malpractice claims lies in a particular legal requirement. In order to file for medical malpractice, you must be able to provide what is known as an affidavit of merit (735 ILCS 5/2-622).
Provided a medical professional can review your medical records, an affidavit of merit should ideally be able to identify whether or not malpractice is a reasonable assumption. As such, the medical expert reviewing your case must share the same niche or have similar knowledge. This ensures a deep understanding and accurate assessment of your doctor’s duty of care to you and their resulting actions.
Another consideration to keep in mind about medical malpractice is that it is generally subject to a two-year statute of limitations, per 735 ILCS 5/13-212. Even if your statute of limitations is extended due to delayed discovery, there is a cap on all legal action for medical malpractice cases set at four years. Postman Law can help you determine which one applies in your case.
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The Benefits of Hiring a Medical Malpractice Lawyer to Manage Your Case and Fight Opposing Defenses
Hiring a lawyer for a medical malpractice case is highly beneficial for securing a better outcome. Postman Law guides you through what medical malpractice is and what to expect in your case. We work tirelessly to preserve evidence that can fortify your claim, meet legal requirements, and navigate regulatory considerations. These cases are highly complex and aggressively fought.
With their license and reputation on the line, medical parties come armed with defenses to avoid responsibility. Additionally, medical malpractice claims can cost healthcare providers thousands, if not millions, of dollars if your claim is successful. To prevent this, these parties may claim they didn’t act outside the scope of care, that there is no link to your injuries, or they may try to blame you in some way.
These defenses can seem overwhelming and insurmountable, but our attorneys are prepared for these and other defenses to medical malpractice. We skillfully draw a connection from your injuries to their specific actions during your care with evidence-based arguments. We stand up to medical teams and fight for accountability so compensation can be recovered without intimidation.
Learn More About Filing a Medical Malpractice Claim When You Consult Our Firm
Postman Law provides clear and professional counsel that gives you confidence when navigating the ins and outs of a medical malpractice case.
Our team has relationships within the community, a strong in-house team, and an in-depth knowledge of medical law that allows us to obtain favorable case results for our clients. Make an appointment with our attorneys for a free case review.