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Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Read Bio
Since 1979, Dov Apfel has been passionate about advocating for birth injury and medical malpractice victims. Mr. Apfel’s career-long record of achievements in birth injury litigation, education, and advocacy has been recognized by the Executive Board of the Birth Trauma Litigation Group of the American Association for Justice. His expertise is demonstrated by his numerous awards, presentations on birth injury topics at legal conferences for organizations like the AAJ and ATLA, and articles published by Trial Magazine and many others.
Medical negligence is unprofessional, careless, or reckless behavior by healthcare providers that puts patient safety in jeopardy. When medical negligence results in an injury, it can give rise to a medical malpractice claim.
On this page, the experienced malpractice lawyers at Levin & Perconti explain medical negligence and when it can lead to a legal claim.
When Can You File a Lawsuit for Medical Negligence?
You can sue a doctor for negligence when they fail to meet the accepted “standard of care” they’re held to as a medical professional. The four elements you need to prove to have a valid medical malpractice claim are:
- Duty of care: As a patient, your doctor was obligated to provide you with proper care and keep you safe.
- Breach of duty: Your doctor violated their duty of care through medical negligence.
- Causation: You were injured as a direct result of your doctor’s breach of duty.
- Damages: You’re entitled to compensation for losses you suffered because of your injury.
A medical treatment having a bad result isn’t enough for a medical malpractice claim on its own. To have a valid case, a healthcare provider’s negligence must have been the root cause of your poor medical outcome.
What Are Some Common Examples of Medical Negligence?
Some of the situations that most frequently involve medical negligence include:
- Misdiagnosis: Giving an incorrect diagnosis can expose a patient to potentially harmful and ineffective treatments without resolving their medical issue.
- Delayed diagnosis: Taking too long to diagnose a patient’s condition can allow a potentially harmful medical issue to continue progressing when it could’ve been stopped earlier.
- Medication errors: Whether it’s prescribing the wrong medication, the wrong dosage, or giving medication to the wrong patient, medication errors can cause potentially life-threatening complications.
- Surgical mistakes: Negligent doctors can operate on the wrong part of the body, using an incorrect procedure, or on an entirely different patient than intended.
Birth injuries: Preventable labor or delivery complications can leave newborns with lifelong disabilities. - Failure to monitor: When a healthcare provider doesn’t respond to changes in a patient’s condition in a timely fashion, it can cause significant harm.
- Failure to obtain informed consent: Having a patient undergo a procedure or treatment without ensuring they understand the risks or potential complications is highly unethical.
Even when a healthcare provider makes a mistake, it might not be enough for a legal claim. An experienced medical malpractice lawyer can help evaluate whether your situation qualifies.
What Should I Do if I Might Have a Medical Negligence Case?
If you believe you’ve been harmed by medical negligence, you should start taking action to build your case immediately. Take detailed notes to document your experiences, including what happened, who was involved, and when. Gather and keep any relevant medical records you have access to.
Depending on the specifics of your case, you may be able to pursue a malpractice claim against a doctor, nurse, hospital, healthcare system, or other provider. Consulting with an experienced medical negligence lawyer as soon as possible can help you understand your legal options.
How Can Illinois Law Affect My Medical Negligence Claim?
Illinois laws create several rules that affect medical malpractice claims, including:
- Availability of damages: Unlike in many other states, damage caps are unconstitutional in Illinois, meaning victims of medical negligence can potentially recover the full value of any economic and non-economic damages they suffer. However, Illinois also does not allow for punitive damages in medical malpractice cases.
- Affidavit of merit: In Illinois, all medical malpractice lawsuits must include a sworn statement from a relevant healthcare professional explaining why they believe the claims are valid.
- Statute of limitations: Medical negligence cases generally must be filed within two years of the injury.
- Discovery rule: A key exception to the statute of limitations, the discovery rule pushes the filing deadline back in cases where medical malpractice was not immediately obvious. However, there is also a four-year “statute of repose” that acts as a hard limit, regardless of when the injury is discovered.
When Should I Speak With a Chicago Medical Negligence Lawyer?
Consulting with a medical negligence attorney as soon as possible will give you the best chance to build a strong claim and recover the compensation you deserve. An experienced lawyer can help determine whether a healthcare provider likely committed malpractice, then review medical records and work with medical experts to prove it.
With over 400 years of combined experience and over $2 billion recovered in verdicts and settlements, the Levin & Perconti team has a proven track record of successfully pursuing malpractice claims for clients in Chicago and throughout Illinois. Our trusted Chicago medical negligence lawyers can explain your options under Illinois law and help you plan your next steps.
Schedule a Free Consultation With Our Chicago Medical Malpractice Lawyers
If you or a loved one has been harmed by a medical provider’s negligence, the experienced malpractice attorneys at Levin & Perconti are ready to help you get the justice you deserve. Contact us online or call (312) 332-2872 today to schedule a free consultation with our trusted team.
