Surgery always carries some inherent risks, but a surgical error goes beyond an expected complication. A surgical error happens when a healthcare professional fails to act in accordance with the accepted standard of medical care. Unfortunately, surgical errors are more common than you may think. They affect about 1 in every 15 patients who have surgery in a hospital. Learn about the common surgical mistakes, legal recourse available to you, and how Postman Law’s medical malpractice lawyers will hold negligent healthcare professionals accountable.
What Are the Most Common Surgical Mistakes?
Common surgical mistakes may happen due to miscommunication, exhaustion, or poor preoperative planning, including:
- Wrong-Site Surgery⎯Operating on the wrong limb, removing the wrong organ, or performing a procedure on the wrong patient.
- Retained Foreign Objects⎯When sponges, clamps, or scalpels are unintentionally left inside a patient once the incision is closed.
- Anesthesia Errors⎯Administering too much or too little anesthesia, leading to brain damage, waking up during surgery, or even wrongful death.
- Nerve Damage⎯Improper handling of surgical tools that injures or severs vital nerves, which can result in chronic pain or paralysis.
- Infections⎯Failing to keep the operating room sterile which can cause severe infections after surgery, including sepsis.
A surgical error can affect a patient long after the procedure, potentially needing additional corrective surgeries, extended hospital stays, lost wages, high medical bills, and significant emotional distress.
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What Are Illinois Medical Malpractice Laws?
A medical malpractice claim means that a healthcare professional failed to provide the standard of care expected in their field, resulting in injury or harm. If you’ve been injured due to a surgical error, Postman Law’s experienced Chicago medical malpractice attorneys will file a claim under Illinois 735 ILCS 5/ Code of Civil Procedure so you can pursue the compensation and accountability you deserve.
How Do You Prove Medical Malpractice in Chicago?
Recovering compensation for medical malpractice in Chicago requires proving four key elements. These include:
1. Duty of Care
Proving duty of care is the first step in a medical malpractice claim. Duty of care is a healthcare provider’s legal responsibility to deliver treatment that meets the accepted medical standard. If no duty of care was established, there is no legal obligation to provide care, so a breach of duty can’t be established.
2. Breach of the Standard of Care
Once a doctor–patient relationship is established, the provider must act with the same level of skill, care, and diligence that a professional in the same field would provide under similar circumstances. This duty applies to doctors, nurses, surgeons, and other medical professionals. It includes everything from diagnosing conditions and recommending treatment to performing procedures and providing follow-up care.
To prove a breach of the standard of care, it must be proven that the provider’s conduct deviated from the accepted standard of care. This often requires expert testimony from another medical professional who can clarify the appropriate standard of care and how the provider deviated from it.
3. Causation
Causation in a medical malpractice claim means it’s not enough to show that a surgical mistake happened. Evidence must show that the error was the direct cause of the injury, rather than another contributing factor.
4. Damages
Damages are compensation for losses a patient suffers as a result of a healthcare provider’s negligence. This could include economic losses (e.g. medical expenses, lost wages, and ongoing care costs), as well as non-economic losses (e.g. pain and suffering, emotional distress, and reduced quality of life.) In some cases, punitive damages may be awarded when a provider’s conduct is especially reckless.
If you want to file a claim for a surgical error, Postman Law’s Chicago medical malpractice attorneys will ensure deadlines are met, present testimony from qualified medical experts, and that your rights are protected. Hospitals and their insurance providers aggressively defend against these claims, making it difficult to pursue a case without skilled legal guidance.
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Illinois Statute of Limitations for Medical Malpractice Claims
Under Illinois law, the statute of limitations is typically two years from when the injury was discovered or should have been discovered. If you delay, you may lose your ability to pursue compensation entirely. Consulting a Postman Law surgical error attorney in Chicago as soon as possible is important to make sure your claim gets filed before the statute of limitations expires in Illinois.
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Injured Due To Medical Malpractice? Contact Postman Law’s Chicago Surgical Error Lawyers
Medical malpractice law is complex, and building a successful case takes experience, resources, and specialized legal knowledge. Postman Law’s experienced medical negligence attorneys will:
- Conduct thorough investigation into your surgery. Review your medical records, surgical notes, and hospital protocols.
- Consult with one of our trusted medical professionals. Illinois law requires a qualified medical expert to review your case and certify that malpractice likely occurred before a lawsuit can be filed.
- Negotiate with the hospital’s insurance providers to secure a settlement that covers all your current and future needs.
Don’t wait to hire legal representation. Our Chicago attorneys work on a contingency basis, meaning we only get paid if we win compensation for you. We have secured $1.75M for clients in surgical errors resulting in sepsis and death, and are here to fight for you. Contact Postman Law 24/7 for a free case consultation at 844-POSTMAN or by filling out our online form.
Our Chicago personal injury law firm is located at 150 N. Riverside Plaza Suite 4100 Chicago, IL 60606 and our local phone number is: 312-561-9318.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
FAQs
Nothing! Postman Law works on a contingency fee basis, which means you don’t pay anything upfront. We only charge a fee if we win your case or secure a settlement for you. The fee is typically a percentage of the total compensation you receive.
Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard in their field, and that failure directly causes harm to a patient.
Medical negligence is a careless, unintentional mistake by a healthcare provider while medical malpractice is a more serious breach of professional standards, often involving reckless or intentional conduct. Both result in harm to a patient, but malpractice is considered more severe and requires showing that the provider knew, or should have known that their actions were unsafe.
The timeline for a medical malpractice lawsuit varies from several months to a few years to settle. It depends on the complexity of the case, evidence needed, settlement negotiations, and if the case is going to trial.
Medical malpractice settlements are typically paid in either a lump sum or structured payments. A lump sum settlement is the most common and is paid out all at once. A structured settlement is paid out over time.
You can sue a hospital for birth injuries in Chicago if the injury was caused by negligent acts of their staff including doctors, nurses, and other medical personnel. Because these cases are complex and hospitals often have teams of experienced defense attorneys, hiring Postman Law’s Chicago medical malpractice attorneys is critical to protect your rights and pursue fair compensation. Contact us for a free case consultation.
In Chicago, you generally have two years from when a surgical error is discovered to file a claim. For minors, the deadline stops until they reach turn 18. Acting quickly and consulting an experienced medical malpractice attorney at Postman Law is crucial to protect your right to compensation.
Surgical error claims are complex and often strongly contested by hospitals and insurers. An experienced Postman Law medical malpractice attorney will gather evidence, secure expert testimony, meet legal deadlines, and protect your rights throughout the process.
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