Understand Your Options For An Illinois Medical Malpractice Claim

Last updated on August 21, 2024

When we go to a doctor or medical professional for help, the last thing we think will happen is that we will be harmed. At Cassian & Carter LLC, our experienced medical malpractice attorneys understand how disheartening this experience can be. We are here to help.

If you need immediate assistance understanding your options, call for a free conversation and consultation: 815-714-7118. Located in Joliet, we serve clients throughout surrounding areas of Illinois.

Your Team For Combatting Health Care Provider Errors

Not every negative outcome is the result of medical negligence. However, many serious injuries are preventable if only the provider had followed the standard of care. We have extensive success and experience helping clients seek compensation for:

• Birth injuries
• Anesthesia errors
• Drug and prescription errors leading to adverse reactions and other harms
• Surgical errors
• Medical errors made by doctors and hospital staff
• Emergency room errors
• Delayed diagnosis
• Misdiagnosis and failure to diagnose
• Failure to provide adequate aftercare

It is often difficult for patients to get answers after an adverse event. They may not know whether what they experienced was malpractice. When you contact our firm, we can help you understand whether your physician or other provider violated their duty of care. If so, you may have an actionable medical malpractice lawsuit. We also offer legal counsel to families who have lost a loved one in an accident or during a medical procedure.

Support And Guidance On Birth Injuries In Illinois

Having a child is one of the most wonderful experiences parents can have. Unfortunately, complications can arise. When a complication causes harm and is preventable, this can compound the emotional brunt of the event.

We help parents with a wide array of birth injuries, including:

• Cerebral palsy (brain damage caused by fetal distress and untreated jaundice)
• Erb’s palsy (nerve damage to the shoulders caused by pulling the infant)
• Brachial palsy, leading to the infant being unable to move their arm
• Facial paralysis
• Spinal cord injuries
• Jaundice
• Anemia
• Vacuum-caused injuries after incorrect use of a vacuum extraction tool

Over the decades, we have helped hundreds of parents recognize what happened and hold negligent parties responsible. We understand that while nothing can undo the trauma and harm, attaining financial compensation can relieve a family of financial burdens from medical bills, lost wages and the astronomical costs of a lifetime of necessary care for a child with special needs.

Extensive Legal Knowledge And Empathy From A Lawyer Who Has Been In Your Shoes

Many attorneys and firms in Joliet and throughout Illinois will take your medical malpractice case, but not all will have the experience or the personal investment you’ll find at Cassian & Carter. Firm founder Bill Cassian has a special reason for his dedication to this area of law. When Bill was 13, he lost his father to a heart attack that, over the course of a week, was never diagnosed and treated. Bill has a profound understanding of these cases and their effect on the family. He and the team are here to help.

Answers To Frequently Asked Questions About Medical Malpractice

Bill Cassian and the team at Cassian & Carter LLC in Joliet, Illinois, know that you have questions about whether what happened to you qualifies as a case, how long medical malpractice cases take and what to expect as far as compensation.

We’ve compiled a list of the most frequently asked questions and their answers here. If you don’t see the question or answer you’re looking for on this page, you can contact us at 815-714-7118, in person or via our website inquiry email.

Do I have a medical malpractice claim?

If you were harmed by the negligence of a medical professional, hospital or facility, then you may have a claim. To qualify as medical malpractice, the medical provider’s actions must have deviated from the accepted standard of care, and caused you harm. The best way to find out is to call our office and speak with a member of our team about what happened. We can assess your case for free and let you know the steps to take next given your specific situation.

How do I know if my medical provider was negligent?

You must prove negligence and that the negligence caused harm. The harm can be either physical harm or significant financial harm. When a medical professional or facility does something harmful that deviates from the “accepted medical standard of care” and this can be proved, you may have a medical malpractice claim.

However, it will typically take an assessment by an experienced personal injury attorney to know whether your case is worth pursuing. We have had many clients who were surprised to learn that they could take legal action and that the compensation they could pursue was sizable.

Which damages can I pursue with a medical malpractice claim?

There are quite a few damages that can be pursued depending on the details of your case. In Illinois, these damages include:

• Loss of your enjoyment of life
• Your physical and emotional pain and suffering
• Loss of your current wages and of your future earning capacity
• All of your medical expenses, including therapy and services you need to maintain your household
• Your permanent disability and any disfigurement

Most, but not all, medical malpractice cases relate to a serious misdiagnosis, a marked surgical or medication error, or a medical device error. In Illinois, there is no limit to the amount of damages you can pursue in your medical malpractice claim.

Whom can I hold liable for a medical malpractice claim?

Generally speaking, most health care professionals can be held accountable for negligence, such as nurses, doctors, surgeons, dentists or anesthesiologists. Facilities such as care centers and hospitals can also be sued for malpractice as can pharmaceutical companies. Any lawsuit against a provider will also involve an insurance company or even several insurers. Not sure if the care provider who harmed you is someone you can sue? Call us and tell us what happened in a free consultation. We will examine your medical records and other important evidence and let you know what your options are.

What is the statute of limitations for filing a medical malpractice claim in Illinois?

It is typically two years from the date of the injury or knowledge of the injury. People under age 18 have eight years from the date of the injury but are not allowed, typically, to file after their 22nd birthday. People who are mentally incapacitated have until two years after the disability is removed to file a claim. If you lost a loved one, then you have two years to file after your loved one’s death.

What is the process for filing a medical malpractice claim?

The process starts with speaking with a skilled medical malpractice lawyer. After it is determined that your case is worth pursuing, an investigation will take place. Experts will likely be consulted. There may be negotiations. If the negotiations are not in your best interest, a lawsuit will be filed. If shown to have merit, your case will move forward and discovery will be conducted. At this point, there may be a settlement offered. If the settlement is declined, then your case will go to trial.

Contact Our Joliet Medical Malpractice Attorneys For A Free Consultation

Why choose Cassian & Carter LLC? We offer personal attention and a straightforward process and are committed to pursuing justice. More than that, our experience is coupled with an uncommon degree of empathy. We understand your pain, and we are here to make it better. To schedule a consultation, call 815-714-7118 or send the team a confidential inquiry email.