Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care, injuring or harming a patient. In Southern Illinois, like anywhere else, individuals who suffer due to medical negligence have the right to seek justice and compensation. Understanding the legal terrain is the first step for anyone considering a medical malpractice claim.
Why Choose a Medical Malpractice Attorney from the Dihle Law Firm?
Hiring a local personal injury attorney who understands the Southern Illinois legal system, local courts, and judicial preferences can be a significant advantage. They may also have established relationships with local medical experts or have a deeper understanding of regional healthcare systems. Their proximity enables more personalized attention and easier communication throughout the legal process.
Our Location
The Dihle Law Firm is at 4503 W. Deyoung Street, Suite 4A, Marion, IL. Call (618) 326-5520 today.
You'll find our office near the Marion Cultural and Civic Center, the Crab Orchard National Wildlife Refuge Center, and Mandala Gardens.
Defining Medical Malpractice
Medical malpractice is more than just a negative outcome from a medical procedure; it involves a clear breach of professional duty. To establish a medical malpractice claim in Southern Illinois, several key elements must be proven:
- Duty of Care: A doctor-patient relationship must exist, establishing a professional obligation for the healthcare provider to act competently.
- Breach of Standard of Care: The healthcare professional's actions (or inactions) must fall below the accepted medical standard of care for a similar professional under similar circumstances. This is often the most difficult element to prove, requiring expert medical testimony.
- Causation: There must be a direct link between the breach of the standard of care and the patient's injury. The injury would not have occurred "but for" the medical negligence.
- Damages: The patient must have suffered actual harm or injury due to the negligence, leading to quantifiable damages (e.g., medical bills, lost income, pain and suffering).
Common Scenarios of Medical Malpractice
Medical malpractice can manifest in various ways. Some common examples seen in Southern Illinois include:
- Misdiagnosis or a Delayed Diagnosis of a Condition or Disease: A physician who makes a mistake with a diagnosis can be held liable for malpractice.
- Surgical Errors: These mistakes are made during a medical producedure. Mistakes may be made if the surgeon operates on the wrong body part or leaves a surgical instrument inside a patient. Errors may include injuring surrounding tissues.
- Medication Errors: Prescribing the wrong medication, incorrect dosage, or failing to check for dangerous drug interactions.
- Birth Injuries: Negligence during childbirth leading to harm to the mother or baby, such as cerebral palsy, Erb's palsy, or other developmental issues.
- Anesthesia Errors: Mistakes made by anesthesiologists that can lead to serious complications, including brain damage or death.
- Emergency Room Negligence: Failure to properly assess, diagnose, or treat patients in an emergency setting, where quick and accurate decisions are vital.
- Failure to Obtain Informed Consent: Performing a procedure without adequately informing the patient of the risks, benefits, and alternatives.
The Role of the Dihle Law Firm in Medical Malpractice Cases: Why We Go the Extra Mile
A medical malpractice attorney at the Dihle Law Firm is a legal advocate for victims of medical negligence. Their responsibilities include:
- Case Evaluation: Thoroughly reviewing medical records, consulting with medical experts, and determining the viability of a claim. This initial assessment is critical as medical malpractice cases are complex and expensive to pursue.
- Gathering Evidence: Collecting all necessary documentation, including medical charts, test results, prescription records, and witness statements.
- Expert Witness Procurement: Identifying and securing qualified medical professionals to provide expert testimony regarding the standard of care and causation. This is often the most critical aspect of proving a medical malpractice case.
- Negotiation with Insurance Companies: Engaging with the healthcare provider's insurance carriers to seek a fair settlement, often avoiding the need for a protracted trial.
- Litigation: If a settlement cannot be reached, the attorney will file a lawsuit and represent the client in court, presenting the case, cross-examining witnesses, and arguing for appropriate compensation.
- Understanding Illinois Law: Reviewing the specific statutes of limitations, caps on damages (though Illinois has largely abolished non-economic damage caps in medical malpractice cases, there are still complexities), and other procedural rules unique to Illinois law.
Challenges Our Law Firm Handles in Medical Malpractice Cases
Medical malpractice cases are notoriously challenging due to several factors. At the Dihle Law Firm, our medical malpractice lawyers take the following into account:
- Complexity of Medical Information: Understanding intricate medical procedures, terminology, and conditions requires significant experience.
- High Cost of Litigation: Expert witness fees, court costs, and extensive discovery make these cases expensive to pursue.
- "Battle of the Experts": Both sides will present medical experts, often leading to conflicting testimonies that a jury must reconcile.
- Emotional Toll: The process can be emotionally draining for victims and their families, who are often already coping with significant health issues.
- Statute of Limitations: Illinois has strict deadlines for filing medical malpractice lawsuits. The deadline is typically two years from the date the injury was discovered or should have been discovered but no more than four years from the date of the act or omission. There are exceptions for minors.
What to Bring to Your First Meeting
To make your initial consultation as productive as possible, gather any documents and information related to your potential claim. This may include:
- Medical Records: All relevant medical charts, test results, imaging reports (X-rays, MRIs, CT scans), and hospital discharge summaries.
- Medication History: A list of all medications prescribed and taken, including dosages and any adverse reactions.
- Correspondence: Any letters, emails, or notes exchanged with healthcare providers, hospitals, or insurance companies related to your injury.
- Witness Information: Names and contact details of anyone who witnessed events related to your injury or treatment.
- Financial Documentation: Records of medical bills, lost income, and any other expenses incurred due to the alleged malpractice.
- Personal Notes: A detailed timeline or narrative of events, including dates, names of healthcare providers, and a description of your symptoms and injuries.
A seasoned medical malpractice lawyer at our firm will review this data to give you a better idea of where you stand and how they may proceed with your case.
Contact a Southern Illinois Medical Malpractice Attorney Now
If you suspect you or a loved one has been a victim of medical negligence, seeking timely legal counsel is paramount to protecting your rights and pursuing the justice and compensation you deserve. Contact the Dihle Law Firm right away and consult a medical malpractice lawyer that will fight for you or your family member and ensure your rights are protected.