Medical malpractice happens when a doctor or a medical professional's action or omission results in a patient’s injury or death. Even with advances in medical science and healthcare technology, mistakes by physicians occur and may rise to the level of medical malpractice. For a patient that means that doctors, medical professionals, hospitals, government-run health care facilities or combination of these can be held accountable in such cases with the help of an experienced medical malpractice attorney.
Medical malpractice lawsuits are complex, time-consuming and costly to pursue. While also understanding the devastating effects associated with medical malpractice cases, the top Illinois Valley medical malpractice attorneys of Meyers, Flowers, Bruno & Herrmann use their knowledge and experience while working with the best medical experts to overcome these difficulties and advocating for full and just compensation for the victims and families devastated by medical malpractice.
When you should file a medical malpractice lawsuit
Following an injury or the loss of a loved one due to a doctor or medical professional’s actions or omission, many people wonder if they have grounds to sue. It’s important to note that you can only file a lawsuit and recover monetary compensation if you are able to prove each of the following four things:
- The doctor-patient relationship existed. First and foremost, you must be able to show that you hired the doctor and the doctor agreed to be hired.
- The doctor was negligent. In order to prove that your doctor was negligent, you must be able to show that he or she did not exercise the appropriate care in providing treatment. In order to prove this, expert testimony is required.
- You suffered injury as a result of the negligence. You must also be able to prove that you sustained your injuries as a direct result of the doctor’s negligence. This step will also require expert testimony.
- You suffered losses and/or injuries. In order to file a lawsuit and recover compensation you must also have sustained injuries or losses, including physical pain, mental pain, additional medical bills and lost earning capacity.
Types of medical malpractice lawsuits
During your initial evaluation with one of our top Peru medical malpractice lawyers, we will carefully assess your case and determine which of the following types of medical malpractice likely occurred:
Failure to diagnose. If a competent doctor would have discovered your illness or made a different diagnosis which would have led to a better outcome, the doctor may be liable for medical malpractice.
Improper treatment. If the doctor selects an inappropriate treatment plan or administers an appropriate treatment incorrectly, you may have a medical malpractice claim.
Failure to warn the patient of known risks. Doctors are required to warn patients of the risks associated with a procedure or course of treatment. If they do not, and the patient is then injured by the procedure or treatment plan, the doctor may be liable for medical malpractice.
The average length of a medical malpractice lawsuit
Each medical malpractice lawsuit is unique. As such, the length of time it takes to resolve your case and obtain compensation depends on a variety of factors, including:
- The nature of your injuries.
- The type of medical procedures involved.
- If your case can be settled out of court or if it needs to go to trial. Cases settled out of court are generally shorter.
Depending on how all of these factors tie together, you can expect your case to last approximately two years. However, if you need to go to trial, it could take several additional years to fully resolve your claim. During your initial case evaluation with among the best medical malpractice lawyers Peru and the state of Illinois have available, we will offer more specific guidance on how long it will take to resolve your unique case.
Contact us today
It’s important to note that there are time limitations for filing a lawsuit for medical malpractice in Illinois. As such, if you have been seriously injured or lost a loved one due to a doctor’s negligence, please contact among the best medical malpractice attorneys Peru has available at Meyers, Flowers, Bruno & Herrmann to receive answers to your questions and a free and confidential case evaluation.