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 or on the medical malpractice 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 sizeable.
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 defective medical device. In Illinois, there is no limit to the amount of damages you can pursue in your medical malpractice claim.
Whom can I hold liable with 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. 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 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 an Illinois personal injury attorney. 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.
Work With An Established Firm For Medical Malpractice
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. When firm founder Bill Cassian was 13, he lost his father to a heart attack. Because of a medical error, Bill’s father did not receive the care and treatment that could have saved his life. We understand your pain. We are here to make it better. To schedule a consultation, call 815-714-7118 or send the team a confidential inquiry email.