Hospital Negligence Lawyers

Why Is A Medical Malpractice Attorney So Important?

Hospitals provide important health services and in most cases follow proper standards of care. However, when hospital employees violate that standard of care, the consequences can be tragic.

Hospitals and clinics have risk management departments that deal with lawsuits on a regular basis. You, on the other hand, are not in a position to determine and prove that an injury was the result of the hospital’s negligence without the help of an experienced medical malpractice attorney.

To demonstrate hospital negligence to a jury, you need a skilled and knowledgeable legal team. Rapoport Weisberg & Sims P.C. can provide the resources you need.

We limit the cases we accept so that each client receives the extensive resources and attention necessary to take on hospitals and their lawyers. We have obtained exceptional verdicts and settlements in a wide range of medical malpractice cases against hospitals and medical professionals.

What Compensation Can You Receive?

It is a common practice in the insurance industry to offer a settlement far below the compensation the case deserves. We work with medical experts, vocational specialists, economists, life care planners and others to determine and prove proper compensation in each case. This may include:

• Past and future medical expenses
• Lost income
• Loss of future earning capacity
• Pain and suffering
• Disability
• Disfigurement and other damages

Our team of attorneys and staff will analyze your case and help you understand your options throughout the legal process.

How Can a Lawyer Help with My Hospital Negligence Claim?  

You didn’t go to the hospital with the expectation of being harmed. You likely aren’t prepared to deal with the stress and negative effects caused by your injuries. An experienced medical malpractice lawyer can handle your legal claim while you focus on your recovery. A lawyer can help by:

• Investigating your claim and identifying all parties whose negligence contributed to your injuries
• Gathering evidence to support your claim and show the full extent of your damages
• Handling communication with the hospital and insurance companies
• Managing your claims
• Explaining your legal rights and options
• Answering your questions
• Taking depositions of witnesses under oath
• Compiling information about your full range of damages
• Working with medical experts to support your claim
• Negotiating for fair compensation on your behalf 

What Does it Cost to File a Claim Against the Hospital?

At Rapoport Weisberg & Sims P.C., we never want clients to forgo receiving the legal services they need because they are concerned about the costs. That is why we offer our services on a contingency fee basis. Under this fee agreement, you do not need to pay any legal fees upfront. Instead, our services are conditioned on a favorable outcome in your case. We get paid if and when you get paid. Because we are taking on all the risk of doing work for no guaranteed payment, you can trust that we will only take cases we are confident we can win. We will work tirelessly to help build a strong claim on your behalf. 

What Is Required to File a Hospital Negligence Claim? 

Medical malpractice claims are often complex and involve complicated legal and medical information. Generally, Illinois medical malpractice claims require the submission of a certificate of merit that accompanies a legal complaint. This certificate is prepared by a qualified healthcare professional and states that a hospital provider’s treatment fell below the standard of care and caused the patient harm. There are other requirements that must be met if the case is based on certain legal theories. A medical malpractice lawyer can help obtain the required documentation to support your case.

What Is the Deadline to File a Medical Malpractice Case in Illinois?

Illinois law generally gives injured parties two years from the date of their injury to file a personal injury lawsuit, including one for medical malpractice. However, there are many instances when patients may not immediately realize that their injuries are related to the care they received or failed to receive at the hospital. Therefore, they generally have the right to file a medical malpractice claim two years from the date they discovered the harm or reasonably should have discovered it. 

However, Illinois law also sets an upper limit of how long an injured person can file a claim at four years from the date they received the medical care. So even if they did not discover the harm until some time after the procedure, the is a deadline of four years from the time of receiving treatment or two years from discovering the harm, whichever is shorter. There are also exceptions which may apply.

While this may seem like a lot of time, medical malpractice cases are notoriously complicated. It will take time to investigate your claim, gather evidence to prove how your injuries occurred, prepare an affidavit of merit, and negotiate your claim. You don’t want the statute of limitations to expire before you file a lawsuit, or you can forfeit your right to recover compensation for your claim. Don’t let this happen to you. Contact an experienced lawyer for help as soon as possible.

What Should I Do If I Suspect Hospital Negligence?

If you think you were injured because of the negligence of a hospital or its workers, it is important you take care of your health. Seek prompt medical attention from a trusted healthcare provider. Request your medical records from your new and former providers. Then, reach out to a knowledgeable hospital negligence lawyer for help obtaining the compensation you need and deserve.

What Is My Hospital Negligence Case Worth?

No two medical malpractice cases are the same. The potential value of your claim will depend on various factors, including the following: 

• The nature and severity of your injuries
• How your injuries occurred
• Your future healthcare needs
• The identity of the negligent healthcare provider and their employer
• Medical malpractice insurance available to cover your claim
• Whether your injuries are permanent or temporary
• Your expected medical treatment and duration of recovery
• Your age and health
• Whether your injuries affected your ability to work and earn a living

An experienced medical malpractice lawyer can evaluate your case and explain what it might be worth. 

What Damages Can I Recover from a Hospital Negligence Claim?

Illinois accident victims have a right to recover compensation for the economic and non-economic damages they suffered. Depending on the circumstances, this could include compensation for the following:

• Additional medical expenses required to diagnose and treat your new injuries, including extra hospital stays, surgeries, specialist visits, and medication
• Lost wages, employment benefits, and income
• Reduced long-term earning capacity
• Pain and suffering
• Disfigurement
• Emotional or psychological harm
• Disability
• Reduced quality of life
• Wrongful death damages

What Is Hospital Negligence? 

When healthcare providers fail to provide patients with an acceptable standard of care and patients are injured as a result, it is medical malpractice. Hospital negligence is a form of medical malpractice. Hospitals can be found negligent through the actions of their employees or their own carelessness. 

To prove hospital negligence, you must establish the following legal elements:

• There was a standard of care that applied to the situation.
• The hospital or healthcare professional deviated from the standard of care.
• The deviation from the standard of care harmed the patient. 
• The patient suffered damages for which a court can compensate them. 

Under this legal theory, it is not enough for a patient to suffer some adverse outcome or complication. In the medical setting, various medical procedures carry a certain degree of risk. The injury must be tied to the hospital or a healthcare professional deviating from the standard of care so that the patient would not have been harmed had the healthcare professional provided the appropriate standard of care. 

What Is the Standard of Care?

The standard of care is broadly defined as the care a reasonably careful healthcare professional should have provided under similar circumstances.  Different standards may apply to different healthcare professionals depending on the situation.

Common Types of Hospital Negligence

There are numerous different types of hospital negligence, including: 

Surgical Errors

Patients go to the hospital to receive surgery to help treat serious conditions. However, surgeons or those under their supervision can commit errors during surgery, such as cutting an organ or blood vessel, making improper surgical decisions, or failing to properly monitor a patient’s vital signs during surgery. Even if the patient makes it safely out of surgery, the patient can still be harmed when healthcare staff fail to follow proper post-surgical procedures. 

Diagnostic Errors

Patients may be misdiagnosed, and appropriate tests may not be ordered or may be misinterpreted. Patients may receive various tests from CT scans, X-rays, CAT scans, ultrasounds, and other diagnostic tools. However, these tests still require healthcare providers to correctly interpret the results to determine the condition the patient suffers from while considering the patient’s symptoms and other information. 

Medication Errors

Medication occurs when a healthcare provider prescribes or administers the wrong medication, dosage, or form of administration. The wrong drug could adversely react to the medication or otherwise harm the patient. Alternatively, the patient could suffer harm by not receiving the medication they really need. 

Childbirth Injury Errors

Despite the advancements in medicine over the last few centuries, 1,205 women died during childbirth in 2021. Many more babies are injured or killed because of medical mistakes during pregnancy, labor, or delivery, including:

• Failing to diagnose conditions that can lead to birth injuries or defects
• Failing to properly monitor the mother’s or baby’s vital signs
• Failing to timely respond to fetal distress
• Not performing a Cesarean section in a timely manner
• Not diagnosing a pregnant mother with an infection
• Prescribing a dangerous medication to a pregnant mother
• Incorrectly using forceps or vacuum extractors

An experienced hospital negligence lawyer can investigate your case and determine the cause of your childbirth injury. 

Anesthesia Errors

Many surgical procedures require anesthesia to sedate a patient or relieve pain. When anesthesia is not properly administered, there may be serious or fatal consequences. Possible causes of anesthesia errors include:

• Not properly evaluating the patient before surgery 
• Administering too much or too little medication
• Not reviewing the patient’s current medications
• Not properly monitoring the patient during the procedure
• Performing injections improperly

Negligent Hiring 

Hospitals often hire many different people in many different specialty areas. Hospitals may fail to keep proper levels of staff, which can adversely affect patient outcomes. Additionally, they may hire inexperienced or unqualified healthcare workers or those with problematic backgrounds to try to fill positions. 

Negligent Supervision

Hospitals can also be held legally responsible if they fail to take proper disciplinary action or keep dangerous healthcare workers in their employ. 

Failure to Establish or Maintain Safety Protocols

Hospitals must have proper policies and procedures. There are standards that apply to hospitals that they are required to follow in order to protect patient safety.

 When Is a Hospital Liable for a Doctor’s Actions?

Hospitals are generally liable for the actions of their employees due to the legal doctrine of vicarious liability, which holds employers and others responsible for others under their command.

Doctors are often independent contractors. They may not work directly for the hospital. When this is the case, hospitals may only be liable for the actions of doctors if the doctor had the apparent authority to act on behalf of the hospital. 

Shocking Statistics About Hospital Negligence

A leading study by Johns Hopkins Medicine reports that 250,000 people die every year because of medical errors, making medical malpractice the third leading cause of death in the United States. One in four hospital patients report experiencing harmful events. Hospital-acquired infections were responsible for about 12% of these events.

Common Causes of Medical Mistakes

Hospital mistakes that lead to patient harm can be due to various issues. Some of the most common causes of medical mistakes include:

• Failing to properly diagnose a patient or run the necessary tests to lead to a proper diagnosis
• Misdiagnosing patients with the wrong medical condition
• Failing to provide appropriate treatment for a patient
• Not hiring enough staff to properly monitor and care for patients
• Failing to properly screen employees, such as not running background checks that could reveal criminal histories or problems with previous employers
• Failing to properly train or supervise hospital staff
• Keeping healthcare workers with addiction problems and other issues on staff
• Inadequate monitoring
• Lack of communication about patients or their medical histories
• Not establishing or following procedures to reduce patient harm
• Failing to obtain the patient’s informed consent 
• Failing to inspect, repair, or replace damaged medical equipment
• Failing to properly sterilize medical equipment and facilities 
• Failing to follow medication schedules or making calculation mistakes that lead to medication errors
• Prematurely discharging patients
• Failing to provide appropriate post-discharge instructions

It is often difficult to determine the exact cause of hospital negligence. An experienced lawyer can help you build a strong negligence claim for compensation.