Medical Malpractice is a category of personal injury law pertaining to negligent acts or omissions by medical providers, falling short of the standards of care set by the medical community. The law allows for medical malpractice lawyers to seek compensation for victims and their families.
Patients put their trust in professional medical practitioners with the expectation that the care will be administered with the highest standards of quality. Sadly, medical mistakes do occur because of negligence and malpractice on the part of some healthcare providers.
Victims of medical malpractice and their families deserve to have those responsible held liable for their actions. An experienced personal injury attorney from Cooney & Conway will work with you and your family to ensure you get the compensation you deserve.
Call toll free 800-322-5573 to speak with a medical malpractice lawyer about your situation. You can also CLICK HERE or fill out the free case evaluation contact information form located on this page, and a knowledgeable representative will respond to your inquiry shortly.
Types of Medical Malpractice
Professionals in the medical and healthcare communities save lives and improve the quality of life for patients and their families. Unfortunately, a mistake or act other act of negligence can put patients at great risk. Medical malpractice can take various forms and can occur in many settings, including hospitals, doctors’ offices, operating rooms, emergency rooms, and more.
The common types of negligence and recklessness that constitute medical malpractice include:
- Anesthesia Errors: If local, regional, or general anesthesia is used improperly, the patient can suffer a wide range of injuries, or, in severe cases, death. Examples of negligence by an anesthesiologist include:
- Failure to adequately anesthetize (Anesthesia awareness)
- Failure to anticipate allergic reaction
- Failure to properly intubate
- Failure to monitor or react to changes in vital signs
- Failure to properly inform the patient of the procedure
- Use of faulty equipment
- Incorrect drug or dosage
- Failure to anticipate drug interaction
- Emergency Room Errors: There is no medical facility or department that can be more chaotic than the emergency room. And though emergency rooms often employ the most dedicated and competent healthcare professionals, negligence by doctors, nurses, or other medical professionals can result in injuries or death. Among the kinds of negligence which can occur in an emergency room include:
- Failure to diagnose cardiac problems that lead to heart attack
- Medication errors
- Misdiagnosis or delayed diagnosis
- Misreading of charts, x-rays, or test results
- Hospital Malpractice: In some cases of medical malpractice, the hospital itself can be held responsible for the negligent acts of its employees. Hospital malpractice examples include:
- Failure to follow hospital protocol
- Failure to order proper diagnostic testing
- Failure to refer to specialist
- Inaccurate diagnosis
- Incorrect medication dosage
- Misuse of medical equipment
- Neglectful or improper patient treatment
- Mistreatment or failure to treat postoperative infections
- Hospital Vicarious Liability: Hospitals cannot be held liable for the negligent or reckless acts of independent contractors, but they do have a duty of care to direct and supervise their own workers. Injuries or death caused by the negligence of hospital employees, including technicians and nurses, as well as systematic problems within the institution, can lead to the hospital being vicariously liable for harm caused to a patient.
- Medical Device Error: A medical malpractice claim can be made if the failure or misuse of a medical device results in injury or death to a patient. Medical device errors can include:
- Design defects
- Inadequate warnings
- Manufacturing defects
- Operator error or misuse
- Misdiagnosis or Delayed Diagnosis: When a patient is misdiagnosed it can lead to serious injury, long-lasting disabilities, or even death. To collect a medical malpractice settlement, an injured patient must be able to prove that a healthcare professional acted neglectfully or recklessly in the diagnosis process. Examples of misdiagnoses or delated diagnoses that can lead to serious injury, impairment, or death, include:
- Failure to examine medical history
- Failure to listen to patient
- Failure to properly interpret tests
- Failure to recognize symptoms
- Improper tests
- Postoperative negligence: Often, the efforts to help a suffering patient continues long after a surgical procedure is performed. medical professionals are responsible for and can be held liable for in cases of negligence. Medical professionals who are responsible for postoperative care can be held liable for in cases of negligence when they fail to monitor for complications, prevent and/or treat infections, monitor vital signs, and prescribe and administer medicine appropriately. Among the kinds of maladies that can result from postoperative negligence include:
- Blood clots or pulmonary embolism
- Blood infections
- Infections at site of surgery
- Internal bleeding
- Methicillin-resistant Staphylococcus Aureus (MRSA)
- Necrotizing fasciitis
- Organ perforation
- Respiratory infections
- Staph infection
- Urinary tract infection
- Viral infections
- Wrongful death
- Chiropractic: Medical malpractice negligence involving the chiropractic business typically involves injuries while being treated, misdiagnoses, or a failure to acquire informed patient consent.
- Cosmetic surgery: Medical professionals who specialize in cosmetic surgery are subject to the same standards of care and safety of their patients as any other healthcare provider. If appropriate standards of care are not followed, and negligence or reckless acts result in serious injury, disfigurement, or death, those responsible can be held liable for their actions through a medical malpractice claim.
- Dental: Dentists, orthodontists, and other dental professionals can make mistakes and act negligently whichlead to injuries or death, and can be held liable for such negligent or reckless acts.
- Medication error: Mistakes in the prescribing and dispensing of medication can lead to serious injury or death in patients, and warrant the filing of a medical malpractice claim to recover damages.
- OBGYN: Obstetricians and gynecologists are responsible for the reproductive health of women and for the care of pregnant women and their unborn children. General medical mismanagement is the most common cause of OBGYN malpractice claims. OBGYN negligence can exacerbate existing complications or create new and avoidable complications. If a healthcare professional is negligent during the diagnosis, treatment, or follow-up care of a patient, he or she can be held liable for harm caused to the mother or to her child.
- Orthopedic: Orthopedic surgeries are lengthy and invasive procedures that come with a high risk of serious injury. A surgeon can be held liable if his or her actions for a wide range of injuries that occur before, during, or after surgery.
Medical Malpractice Case Damages
A victim who has been harmed by medical malpractice from a healthcare professional can recover a wide range of damages. If the act of negligence resulted in a patient's death, his or her family can also recover damages. Examples of these are:
- Medical expenses
- Assistive devices
- Doctor visits
- Future medical expenses
- Hospital stays
- Physical therapy
- Prescription drugs
- Lost wages
- Earning capacity loss
- Pain and suffering
- Loss of consortium
- Survival and wrongful death compensation
- Medical Malpractice Statute of Limitations
A statute of limitations determines the timeframe within which an injured party may file a lawsuit against those responsible for the injury. In most states, there is a specific statute of limitations for medical malpractice claims. It some cases, it may take a long time before a victim of medical negligence becomes aware of the harm caused.
A medical malpractice attorney can help those who have been injured as a result of the negligent actions of a healthcare provider by ensuring that he or she is held responsible forany negligent actions.. Taking on hospitals and medical practices may be intimidating for those who are injured through medical malpractice. A qualified medical malpractice lawyer can help ensure that a victim receives fair compensation for their suffering and losses. Taking legal action not only helps injured victims in the recovery of damages, but also helps ensure that the same types of medical malpractice incidents do not reoccur.
The Chicago malpractice attorneys of Cooney & Conway can help injured victims receive appropriate compensation for damage done by a healthcare professional to whom they entrusted their care. While it may not always be possible to reverse a medical error, it is possible to ensure that those responsible are held accountable for their actions.
Contact Experienced Medical Malpractice Lawyers
Contact the Chicago accident injury law firm of Cooney & Conway today toll free at 800-322-5573 for a free consultation about your Chicago medical malpractice case. You can also CLICK HERE or fill out the free consultation contact information form located on this page and a qualified legal professional will promptly respond to your inquiry.