Medical Malpractice & Negligence in Illinois
We go to the doctor to improve our health, but unfortunately, doctors and other medical professionals sometimes make errors that result in serious injuries, life-threatening complications, and death.
At Anesi Ozmon, we have extensive experience in all types of medical malpractice cases. Our Chicago medical malpractice attorneys have successfully represented clients in cases involving birth injuries, surgical negligence, misdiagnosis, failure to detect cancer, mismanagement of medical care, improper administration of prescription drugs, defective medical devices, failure to warn or obtain a patient’s consent, and more. We have been helping individuals and families throughout Illinois since 1955 and are ready to fight for the justice you deserve.
What Is Medical Malpractice?
Medical malpractice occurs when healthcare providers, such as doctors and hospitals, make mistakes or act in a way that falls short of what is known as the “standard of acceptable care.” The “standard of acceptable care” is a legal standard that outlines the acceptable level of treatment or care that should be provided in different situations. For example, emergency room doctors are held to a different standard of acceptable care than dental hygienists working in a dentist’s office.
To have a medical malpractice case, you must prove that your healthcare provider failed to uphold the standard of acceptable care. In other words, you must prove that they failed to act in the same way as another qualified healthcare provider would have in the same or similar circumstances. This establishes negligence, through act or omission, and serves as the grounds for a medical malpractice case that could lead to damages.
It is not enough to show simply that you sought medical care and did not improve, or that your condition worsened. Instead, you must prove that the medical provider who treated you was somehow negligent and caused your injuries.
Common Examples of Medical Malpractice
Some of the most common examples of medical malpractice include:
- Birth injuries or obstetric malpractice, resulting in infant brain damage and other injuries
- Failure to diagnose, delayed diagnosis, or misdiagnosis of serious diseases, such as cancer, leading to wrongful death or other injuries
- Improper administration of anesthesia, resulting in respiratory failure, severe tracheal damage, and other injuries
- Hospital negligence, including failure of hospital personnel to properly monitor patients, resulting in infections, falls, and other injuries
- Failure to prevent hospital-acquired infection, resulting in life-threatening staph infection or other complications
- Emergency room errors, resulting in serious injuries, such as patients suffering a heart attack after being sent home
- Surgical and postoperative care errors, resulting in life-threatening infections and other injuries
- Radiological misdiagnosis, resulting in delayed diagnosis of cancer
- Walk-in clinic and urgent care errors from misdiagnosing an underlying condition or other mistakes
- Medication errors, including improper dosage, wrong medication, and pharmacy errors
These and other forms of medical negligence can have devastating consequences, leading to life-altering injuries, permanent impairments, and wrongful death.
Who Is Liable for Medical Malpractice?
Determining who is liable in a medical malpractice case can be extremely challenging. In some cases, liability may lie with the at-fault doctor, nurse, or healthcare professional. In other instances, the medical institution that employs the at-fault party could be legally liable.
Depending on the specific details of your case, any of the following parties may be liable:
- A medical professional, such as a physician, nurse, physician assistant, anesthesiologist, dentist, surgeon, oncologist, obstetrician, or physical therapist
- A hospital or hospital emergency room department
- An urgent care center or facility
- A dental office
- An outpatient center or rehabilitation facility
This is not an exhaustive list. At Anesi Ozmon, our Chicago medical malpractice attorneys understand how to investigate these claims and determine who is liable.
Why Choose Anesi Ozmon?
Patients entrust their health and medical care to physicians, hospitals, and other healthcare providers and organizations. Inherent in that trust is the expectation that, in rendering care and treatment, medical providers will comply with the appropriate standards of care. When this does not occur, it is important that individuals or the families of those who die due to medical negligence seek legal representation.
At Anesi Ozmon, our Chicago medical malpractice attorneys are experienced in the complexities of modern medical science, as well as in handling medical cases from investigation through trial. We have successfully handled all types of medical malpractice cases and have secured numerous settlements and verdicts for our clients. We have the resources, experience, and skill to advocate for your maximum recovery.
Medical malpractice claims are typically more complex than standard personal injury cases. Not only is it more difficult to prove a medical provider’s negligence (in many cases), but filing a medical malpractice claim also involves several unique and important steps.
Below, we have provided a general overview of the medical malpractice claims filing process in Illinois:
- Determining Eligibility: Before filing a medical malpractice claim, you should make sure that you meet all eligibility requirements. Specifically, you will need to prove that a provider-patient relationship existed between you and the liable party (or defendant), that the defendant acted negligently or otherwise failed to uphold the standard of acceptable care, and that you were actually injured and suffered damages as a result of this failure or negligence.
- Ensuring the Statute of Limitations Has Not Expired: You must file your medical malpractice lawsuit within two years of the date you were injured or the date on which you knew or reasonably could have known that you were injured as a result of a medical provider’s negligence. Regardless of when you discovered your injury, you may not file a medical malpractice lawsuit if more than four years have passed since the date of the underlying medical error or negligence (unless you were a minor at the time, in which case special rules apply).
- Filing an Affidavit of Merit: Along with your official complaint, you must file an affidavit of merit when bringing a medical malpractice lawsuit in Illinois. This affidavit states that you have consulted a qualified medical professional who has specific experience and competence in the area of medicine applicable to your case. Typically, this involves meeting with a medical professional for a consultation prior to initiating legal action. At Anesi Ozmon, we have access to a variety of medical professionals who can provide consultation for your case. Our attorneys are well-versed in Affidavit of Merit rules and are prepared to assist you.
Once we have filed your lawsuit on your behalf, our attorneys can ensure that you are prepared for every step that comes next, from attending hearings and the trial to navigating the appeals process if necessary. We work directly with our clients to ensure that they are informed and updated on their cases throughout the legal process.
As your legal team, we are prepared to pursue aggressively all possible sources of compensation on your behalf. We will handle every legal detail so that you can focus on your physical and emotional recovery.
For more than 60 years, Illinoisans have entrusted their personal injury and workers’ compensation matters to us. We believe in keeping our clients informed of where their cases are and what lies ahead. When you have questions, we will patiently answer all the questions you may have about the legal process.
We Handle Your Case, So You Can Recover
We understand the uncertainty you face and aim to provide you peace of mind. Clients may worry about making ends meet while missing work because of injuries or staying out of debt from medical bills. Our aim is to go above and beyond what you expect so that you can focus on recovery.
Work Directly With Your Attorney
Our firm believes that in order be a successful team, we need to work directly with our clients. Not only do you get to work directly with your attorney, but you always have access to their direct number to ensure your questions never go unanswered.
Personalized Strategies & Results
At Anesi Ozmon, we believe that no two situations are alike. Thus, we work to not only learn about your case but also about what unique goals and needs you may have in order to provide you with legal counsel customized to you.
Protecting the Injured Since 1955
Anesi Ozmon has four generations of leaders and decades of experience protecting the rights of those injured. When you come to our office, you don't just get our team, you get our history.