When you go to see your doctor, have surgery, check into the emergency room, or receive any other type of medical care or treatment, you do not anticipate that something could go wrong. Unfortunately, many accidents occur due to the negligent care of a medical professional. When a healthcare professional causes an individual harm, they could be held liable for damages.

If you or a loved one were severely injured due to the negligent actions of a medical professional, you may be eligible to recover compensation for damages. A Riverdale medical malpractice lawyer could provide an honest assessment of your case to help you determine whether malpractice occurred. An experienced personal injury attorney could help you seek the compensation you need for damages such as medical expenses, pain and suffering, mental anguish, and loss of enjoyment of life.

Common Types of Medical Malpractice in Riverdale

While medical malpractice can take numerous forms, the most common types of cases a Riverdale attorney may handle include:

  • Birth injuries
  • Anesthesia errors
  • Prescription mistakes
  • Conducting a surgery on the wrong side or site
  • Performing the wrong surgery on a patient
  • Failure to adequately monitor a patient
  • Avoidable infections
  • Delayed diagnosis or failure to diagnose a medical condition

Riverdale Medical Malpractice Laws

Establishing liability in a medical malpractice case can be extremely challenging, which makes it absolutely vital that victims seek qualified legal assistance from the outset. An attorney in Riverdale could help a claimant understand how the state’s medical malpractice laws apply to their specific case and zealously advocate for their just financial recovery.

Proving Malpractice Occurred

To prove medical malpractice on a plaintiff’s behalf, an attorney must show that their claim fulfills the elements of negligence. These elements are as follows:

  • The physician had a legal obligation to provide the plaintiff the standard of care accepted in their field
  • The physician, whether by action or inaction, violated their legal duty to follow the applicable standard of care
  • The physician’s deviation directly harmed the plaintiff
  • The plaintiff was injured

Affidavit Requirements

Under 735 Illinois Compiled Statutes § 5/2-622, the plaintiff’s lawyer must supply an affidavit of merit at the same time they file suit. This affidavit is a legal affirmation that the attorney has conferred with a licensed physician in the same specialty as the defendant, who has pertinent knowledge of the concerns central to the plaintiff’s claim. Moreover, the affidavit should declare the physician’s expert opinion that there is sufficient basis to proceed with a legal claim.

It should be noted that the affidavit filing timeline may be extended if the overarching statutory deadline is nearing. If an extension is granted, the plaintiff has 90 days from the date they file suit to furnish the affidavit.

Deadline to File a Lawsuit

735 ILCS § 5/13-212(a) states that medical malpractice victims have two years from when they discover or should have discovered their injury to file a lawsuit or settle out of court. If someone does not learn of their injury early on, they may have up to four years from the alleged malpractice date to initiate lawsuit proceedings.

One possible exception to the statutory deadlines noted above is when the malpractice occurs on a minor child.  In such cases, the deadline is the victim’s 22nd birthday or eight years after the date of the incident, whichever happens earlier.

Seeking Compensation for Damages

A knowledgeable Riverdale medical malpractice attorney could help an injured claimant seek an array of money damages on the plaintiff’s behalf. These may include damages for pain, suffering, lost income, medical bills, and future lost earnings. Compensation for loss of consortium, disfigurement, loss of life enjoyment, and punitive damages may also be obtainable.

Let a Riverdale Medical Malpractice Attorney Help

If you believe your injuries were caused by physician negligence, consider reaching out to a compassionate Riverdale medical malpractice lawyer who could thoroughly evaluate your potential claim. An attorney could provide advice regarding your best legal options and strategies to achieve a successful settlement or verdict.

Schedule your case review today with a Riverdale lawyer.