What is Medical Malpractice?
Medical malpractice is when a health care provider fails to provide the appropriate level of care and injures or harms a patient due to negligence or incompetence. Examples of medical malpractice include doctor malpractice, hospital malpractice, misdiagnosis, delayed diagnosis, birth injuries, medication errors, surgical errors, and other instances of medical negligence.
Medical professionals who could be responsible for a patient’s injuries may include:
- Hospitals
- Doctors
- Nurses
- X-ray technicians
- Surgeons
- Pharmacists
- Rehabilitation centers
- Dentists
- Therapists
- Nursing homes
- Aides
- Osteopaths
- Chiropractors
- Paramedics/EMT’s
- Facility staff
- Other medical providers
What Constitutes a Medical Malpractice Claim?
In order for something to be considered medical malpractice, many elements must be present, including:
- There must be an established health care provider-patient relationship between the plaintiff and defendant prior to any negligence taking place.
- The medical professional must have acted negligently in some way – in other words, they must have departed from accepted medical practice standards when treating the patient.
- There must be an injury or harm caused directly due to the negligence of the defendant.
How To File a Claim for Medical Malpractice in Belleville, IL
The process of filing a medical malpractice claim can be extremely challenging. After being harmed by your medical provider, you should be focused on healing and recovering, rather than being stressed while handling this complex situation on your own. That’s why it is important to seek legal representation from an experienced law firm that understands all aspects of the law surrounding medical malpractice cases.
Medical malpractice claims require excellent representation and significant resources. The insurance companies for the doctors and hospitals may try to deny access to information, and they will certainly hire expert witnesses to help them deny you the recovery you need. At Nelson & Nelson, we fight those tactics by securing evidence, cross-examining witnesses, and hiring expert witnesses to get to the heart of the issue.
The personal injury attorneys at Nelson & Nelson have an in-depth understanding of medical injuries and know how to investigate a claim for malpractice. We can provide insight into laws specific to Illinois, help you understand your rights as a patient who has suffered due to a medical professional’s negligence, and guide you through the process.
What Is the Statute of Limitation for Medical Malpractice in Illinois?
In Illinois, usually you must file a medical malpractice claim against a health care provider within two years of discovering that you were harmed by the provider’s negligence. Sometimes, you can be too late to file a claim, even if you contact a lawyer immediately after discovering the negligence. These rules are complex and very important. They can bar your right to hold a medical provider accountable for injuries they cause. It is always best to contact a lawyer as soon as possible to ensure your lawsuit will not be thrown out.
How Our Medical Malpractice Attorneys Can Help
At Nelson & Nelson, we understand that injuries can take an enormous physical, emotional, and financial toll on victims and their families, and we do everything we can to ensure that the legal process is smooth and stress-free. Our attorneys have the expertise, medical knowledge, and resources to investigate and litigate your claim. When possible, we seek to negotiate a favorable settlement with the other side and bypass litigation, but if they are not willing to be reasonable, we are more than prepared to aggressively advocate for your rights and interests in court. Our medical malpractice attorneys can represent you in your claim, help prove your injuries were caused by your health provider’s negligence, and fight for the compensation you deserve.
