Naperville Medical Malpractice Attorneys
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AMAZING! I highly recommend this group. We had quite an unusual case, this group was our only glimmer of hope when our options were limited and no one would accept a complicated case. We worked closely with Colin O’Malley and his team. Words cannot do justice to how wonderful they are; highly competent, professional, very responsive, thorough and friendly. Colin went above and beyond to make himself available and to answer all our questions and concerns. If you need an excellent proficient injury lawyer that would fight for you, look no further!
– Muna Zarour
I had the pleasure of working with attorney Tom Grace on my deceased father’s personal injury case.Tom was very prompt in all of his communications, he never left us guessing what was going on or where we were in the process, he offered up his honest opinion when it was decision making time and lastly he ensured this case wasn’t dragged out.I would highly appreciate his customer service and would absolutely recommend Tom Grace and the Chute, O’Malley, Knobloch & Turcy team.
– Sheronda Farrow
– Patricia Duran
– Marissa
– Kathleen Haney
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Naperville Medical Malpractice Attorneys
When we go to the doctors, we expect to receive a standard of care from them that they owe us. You are putting your well-being and your life in the hands of your nurses and doctors when you get treatments. If you have experienced medical malpractice, you know just how devastating that experience can be. The suffering that you have to endure after being a victim of medical malpractice can be life altering. It is the jobs of our Naperville medical malpractice attorneys to give you justice after your rights have been violated. Please don’t hesitate to reach out to us today to set up a free consultation. Call us today to get started.
Defining Medical Malpractice Claims
You might be wondering if your claim is even considered medical malpractice. If you’ve never had to file a claim before you might be wondering what it even means to have a medical malpractice claim. Essentially, if you suffered wrongdoing in the scope of the medical field and you are going through symptoms that are unwanted and unexpected, you are likely a victim of medical malpractice. Here are some examples of medical malpractice claims:
A young woman is on a blood pressure medication. When she’s at the pharmacy to get her refill, she does not know that the pharmacist accidentally filled her blood pressure medication with a very similar looking medication that was intended for Parkinson’s. When she’s taking this medication, she doesn’t notice right away that her strange symptoms are related to the medication because she believes it to be her normal medication. She passes out in her car because her blood pressure gets out of control and she crashes. She suffers injuries and realizes that her medication must not have been the correct medication and that her dizziness and other unwanted symptoms might be a pharmaceutical error. She would be able to file a claim for medical malpractice because of that pharmaceutical error.
An older woman arrives at the emergency room complaining of shortness of breath and chest pain. Because symptoms often present differently in women than they do in men having heart attack or a stroke, they believe her to be experiencing a panic attack. They set her up with some anti-anxiety medication and send her home. Later that evening, she dies of a second heart attack. Her loved one would be able to file a wrongful death medical malpractice claim.
The categories of medical malpractice claims typically break down into a missed diagnosis or a delayed diagnosis, surgical errors, pharmaceutical errors, birth injuries and medical product liability cases.
Medical malpractice events can leave a victim traumatized and devastated. The best way to be sure whether or not you should bring a claim for medical malpractice is to get in touch with our Naperville medical malpractice attorneys as soon as you can. We urge you to act as quickly as possible so that we can provide you with the justice that you deserve.
We are ready to take on your case and provide you with the legal support that you need during this time to get justice in the fullest and fairest amount. We care deeply about the success of your case and we will fight tirelessly to ensure that justice is served for you. Call us right away.
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Statute of Limitations for Illinois Medical Malpractice Statute of Limitations
When you file a claim for medical malpractice in Illinois, you need to know that you are on a legal deadline called the statute of limitations. This is a hard deadline with no wiggle room in which you are allowed to bring your civil case to the courts. You must abide by this if you want justice at all.
Every state in the country has its own statute of limitations. Illinois has one that applies only to medical malpractice. Legally speaking, you have two years from the date of your incident or from the date that you should have reasonably known that there was medical malpractice to bring your claim against the healthcare provider for malpractice.
Furthermore, you need to understand the fine details surrounding medical malpractice statute of limitations in the state of Illinois because it goes beyond just that initial deadline. There can be longer deadlines if the injuries or malpractice were not easily discovered right away. It says in the law that four years is the absolute deadline for any medical malpractice claim, even if the discovery of the malpractice was delayed.
If the plaintiff was under the age of 18 when they were a victim of medical malpractice, there are specific guidelines in Illinois for those cases. If they want to file a claim for the malpractice they experienced, then they have to do so within eight years of the date of their medical malpractice, and their cases cannot be brought beyond their 22nd birthday. Our Naperville medical malpractice attorneys can help you better understand this set of timelines if you’re unsure where you fall.
By no means should you delay reaching out to our lawyers because it can mean that you miss your deadlines and miss out on your one and only chance to receive compensation for your damages and injuries. The court is not going to let it slide that you missed the deadline, except for very rare exceptions. You must comply with the statute of limitations.
Illinois Medical Malpractice Claims Process
It is very important that you know that you only have one chance to get the justice that you are entitled to when it comes to bringing your claim. If you decided to go for the first settlement and believed later on that that was an unfair settlement, you cannot go back and ask for a different result. If you don’t get the justice that you think you deserve in the first place then you never will. That’s why it is so important that you set yourself up for success. Our Naperville medical malpractice attorneys take this very seriously. We understand that this is your life and this is your one chance to protect your rights. We do not give up on fighting for your justice. We can take this all the way to trial if need be in order to bring you the justice that you are entitled to.
When you have attorneys in your corner fighting for you, you are more likely to come out with a full and fair result than if you were alone. They will be able to foresee any challenges on the horizon and handle them with ease.
When you seek compensation, these are money damages that are meant to cover your losses. Your financial losses, such as the bills that you’ve had to pay for the medical malpractice incident and any other doctors visit to address the damages that have been done, will be included in your economic damages. Any medical treatments or therapies that you’ve needed following this incident, including psychiatric therapy because of anxiety and depression as well as PTSD, should be covered in your compensation award. These are very severe damages.
Before the year 2010, there used to be a cap on how much compensation you could receive in Illinois for your medical malpractice in terms of your non-economic damages. Your non-economic damages are things like your pain and suffering and decrease in life quality. The cap on the damages for non-economic used to be $500,000. That $500,000 was if you were bringing a claim against a doctor or healthcare provider who was negligent. There would be a $1 million cap if you were bringing your claim against a healthcare center or a hospital.
Fortunately, there was an Illinois Supreme Court case in the year 2010 that declared this to be unconstitutional, which means that there are no caps for any types of medical malpractice damages. It is unethical to cap off a number without hearing what this person has been through. It prevents people from getting full justice.
Non-economic damages cover any losses that can be considered subjective. If you suffer anxiety and PTSD following your malpractice or experience anything that could decrease the enjoyment of your life, it can be considered a non-economic damage. It’s a very important portion of your compensation. We take this very seriously.
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Call Our Naperville Medical Malpractice Attorneys Today
It is our passion to represent our community when they have been wronged, especially for something terrible and life altering as medical malpractice. Our Naperville medical malpractice attorneys care deeply about you getting the justice that you are entitled to. We fight tirelessly to ensure that your compensation award is the fairest and in the fullest amount. Please don’t hesitate to reach out to us, as we should get started as soon as we possibly can to protect your rights. Set up your free consultation today.
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