When you seek medical care, you expect a certain standard of treatment. Unfortunately, even with the best intentions, healthcare professionals can make mistakes. While not every negative outcome is due to negligence, certain medical errors can be considered a breach of the standard of care and may form the basis of a medical malpractice claim.
For Illinois residents, understanding what constitutes a medical error that could warrant a malpractice claim is the first step toward seeking justice. Medical malpractice is defined as a negligent act or omission by a healthcare provider that deviates from the accepted standard of care and causes injury or death to a patient.
Here are some of the most common medical errors that could lead to a claim:
1. Diagnostic Errors
A correct diagnosis is the foundation of effective medical treatment. Diagnostic errors can include a complete failure to diagnose a condition, a delayed diagnosis, or a misdiagnosis. When a doctor fails to identify a serious illness in a timely manner, it can lead to a worsening of the patient's condition, unnecessary and ineffective treatments, or even death. For example, a delayed diagnosis of cancer could allow the disease to progress to a point where it is no longer treatable.
2. Surgical Errors
Surgical errors are among the most shocking and preventable medical mistakes. While no surgery is without risk, there are certain "never events" that should never happen. Examples include operating on the wrong body part, performing surgery on the wrong patient, or leaving a foreign object, such as a sponge or surgical instrument, inside the patient's body. Anesthesia errors, which can result in serious injury or death, also fall into this category.
3. Medication Errors
Medication is a crucial part of modern medicine, but mistakes can have devastating consequences. Medication errors can occur at any stage, from prescription to administration. Common errors include prescribing the wrong drug, giving an incorrect dosage, or failing to account for a patient's known allergies or potential negative drug interactions. These errors can lead to serious adverse reactions, overdose, or ineffectiveness of treatment.
4. Birth Injuries
The birth of a child should be a joyous occasion, but medical negligence during pregnancy, labor, or delivery can result in lifelong injuries for the child or mother. Examples of birth injuries that could be a result of malpractice include a doctor's failure to monitor the vital signs of the mother or baby, the improper use of forceps or vacuum extractors, or a delayed C-section when one is necessary. These errors can lead to conditions like cerebral palsy, brain damage, or nerve damage.
5. Failure to Obtain Informed Consent
Before any medical procedure, doctors have a duty to inform patients of the potential risks, benefits, and alternatives. This process is known as obtaining informed consent. If a patient is not provided with all the necessary information to make an informed decision and suffers an injury as a result, they may have a valid malpractice claim.
The Illinois Statute of Limitations
It's important to be aware of the strict deadlines for filing a medical malpractice claim in Illinois. Generally, you have two years from the date you knew or should have known about the injury to file a lawsuit. However, there is also a "statute of repose" that sets a hard deadline of four years from the date of the negligent act, with some exceptions for minors. These deadlines are complex and can vary depending on the specifics of your case, making it critical to seek legal counsel as soon as possible.
Get the Legal Help You Need
If you believe you or a loved one has been a victim of medical malpractice, you don't have to face the complex legal system alone. The experienced attorneys at McNabola & Associates, LLC are dedicated to helping individuals and families who have suffered serious injuries due to negligence. We have a proven track record of success in handling complex medical malpractice cases and are committed to fighting for the compensation you deserve.
Contact us today at (312) 888-8700 for a free, no-obligation consultation to discuss your case and understand your legal options.