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How Do I Prove That I Was the Victim of Medical Malpractice?
No one expects doctors to be perfect, but they are held to a very high standard when it comes to patient care. Doctors or other medical professionals who make a mistake that leads to a patient's injury or death may face a medical malpractice claim. Whether you or a loved one were a victim of a birth injury, surgical mistake, or hospital error, you probably have questions about whether your situation constitutes medical malpractice. You may also be unsure of what it takes to bring a successful malpractice claim. Read on to learn about what actions may be considered medical malpractice and the main elements needed to win a medical malpractice claim.
Understanding When Malpractice Has Occurred
Few would argue against the idea that doctors, surgeons, nurses, and other medical workers have some of the hardest jobs in the world. Understandably, they sometimes make mistakes. Minor mistakes that do not result in significant patient harm are not examples of medical malpractice. However, when a medical professional makes an egregious mistake that the average medical worker would never make, and a patient is injured or killed as a result, that professional may face a civil claim for damages.
Was Your Truck Accident Caused by Inadequate Maintenance?
Truck accidents often lead to catastrophic consequences. If you were injured or your loved one was killed in a truck accident, you may be desperate for answers. You may have questions about how the truck accident occurred, who is legally responsible for the accident, and how you will pay for the massive costs incurred by the accident. Truck accident liability is often complex. The liable party may be the truck driver himself or herself, the trucking company, or a number of other parties. In some cases, a truck accident stems from inadequate truck maintenance and the party responsible for compensating the truck accident victims is the party who failed to properly maintain the truck.
Accidents Caused by Failure to Properly Maintain a Commercial Truck
We often assume that truck accidents are caused by driver error, however, there are many cases in which a truck driver is not the liable party in a truck accident claim. If the truck malfunctioned, improper truck maintenance could be to blame your accident. Truck companies have a legal duty to ensure that their trucks are regularly inspected and maintained. Inadequate truck maintenance can lead to dangerous defects, including:
C-Section Mistakes Can Seriously Harm Infants and Mothers
A Cesarean section or c-section is a surgical procedure that removes an infant from the mother’s womb. Some c-sections are planned while others are last-minute and necessitated by an unexpected medical complication. If you underwent a planned or emergency c-section and you or your child were injured, you may wonder if the injury was caused by a medical mistake. You may also want to know if the doctor or hospital is liable for the harm caused. In some cases, maternal injuries or birth injuries related to a c-section are caused by medical malpractice.
Delayed C-Section and Failure to Perform a C-Section
Cesarean sections carry certain risks, so many doctors advise women to avoid having a c-section unless it is necessary to protect her health or the health of her unborn child. However, there are some situations in which a traditional vaginal birth is much riskier than delivering via c-section. A doctor may recommend a c-section if there are complications such as:
What Are My Legal Options if My Loved One Was Killed by a Drunk Driver?
Drunk driving takes the lives of over 10,000 Americans each year. If your loved one was killed in a car accident involving a driver under the influence of alcohol, you may be interested in learning about your legal options. While no legal remedy can ever truly make up for your tragic loss, a wrongful death claim may enable you to recover compensation for the financial harm caused by your loved one’s death.
Compensation in a Wrongful Death Claim
Drunk drivers who cause fatal auto accidents can face significant criminal consequences. Surviving loved ones of those killed in drunk driving accidents also have the option of bringing a civil claim against the drunk driver. Through a wrongful death claim, you may be able to receive financial compensation for:
- The loss of your loved one’s financial support
Is Cerebral Palsy Always a Result of Medical Malpractice?
Cerebral palsy (CP) is a complex medical condition that experts are still learning more and more about every day. The most common symptom of cerebral palsy is trouble with movement and coordination. Some sufferers also experience difficulty with swallowing, speaking, hearing, and vision. Cognitive impairment is present in approximately one third of sufferers. CP can cause a range of symptoms, from relatively mild to severely disabling. If your child has developed cerebral palsy, you may have questions about how and why your child developed this life-changing condition.
What Causes Cerebral Palsy?
Cerebral palsy occurs when part of the brain is damaged or develops abnormally. Congenital cerebral palsy is CP that a child is born with, while acquired cerebral palsy is caused by brain damage during the beginning of the child’s life. CP can be caused by brain damage that occurs before the child is born, during labor and delivery, or shortly after birth. Trauma, reduced blood flow to the child’s brain, or even infections like viral encephalitis may cause a child to develop CP. There is still much about cerebral palsy that is unknown.
How Can A Personal Injury Attorney Help Me If I Was Injured in a Distracted Driving Accident?
Have you ever taken the time to look around at the other drivers while stuck in traffic? If so, you probably noticed that many of them were looking down at their smartphone. Whether it is electronic devices like cell phones, GPS units, and radios, or human distractions like children arguing in the backseat, distractions while driving are everywhere. Distracted driving has become a tremendous cause for concern in Illinois and throughout the United States. It is difficult to know for certain how many car accidents are caused by distracted drivers, but the Centers for Disease Control and Prevention (CDC) estimates that more than 1,000 people are hurt in distracted driving accidents every day in the U.S. If you or a loved one were involved in a car accident and you suspect distracted driving was a contributing factor, a personal injury attorney may help you recover compensation for your injuries..
When Are Punitive Damages Available in an Illinois Injury Case?
Damages are the financial and nonfinancial losses incurred as the result of an injury or death caused by another party’s negligence or wrongful act. “Compensatory damages” refers to the compensation an injured person receives for things like medical bills and lost wages. However, it is possible for a claimant in a personal injury case to receive “punitive damages” as well. Punitive damages, or exemplary damages, are above and beyond the compensation an injured person would typically receive and are only awarded in certain circumstances.
Illinois Law Regarding Punitive Damages
Punitive damages are intended to punish a defendant for actions that are exceptionally negligent or wrongful. The additional compensation awarded to the injured party serves as a deterrent against similar actions in the future. Illinois law states that punitive damages are awarded when a defendant's behavior was with “evil motive” or careless disregard for the risk of harm to others. The plaintiff in an injury claim must show that the defendant’s actions were sufficiently malicious or reckless to warrant punitive damages by “clear and convincing evidence." This burden of proof is much harder to satisfy than the “preponderance of the evidence” standard. Consequently, successfully recovering punitive damages after being injured by another party’s behavior will require the plaintiff to build a robust, evidence-based case.
How Are Damages Calculated in an Illinois Personal Injury Lawsuit?
Personal injury claims enable individuals hurt by the negligent or unlawful actions of another party to recover damages, or compensation, for the losses they have sustained because of their injuries. These claims are often associated with medical malpractice, car accidents, premises liability including slip and fall accidents, and defective products. If you have decided to file a personal injury claim and pursue compensation for your medical expenses, pain and suffering, or other losses, you may have questions about how the amount of compensation you may receive will be calculated.
Calculating the Monetary Value of Economic Damages
Medical costs are often a top motivator for personal injury claims. The amount of reimbursement you will receive for medical expenses will depend on:
- The severity of your injuries
Can I Receive Compensation for Car Accident Injuries if I Was a Passenger?
Although we rarely think about it, getting into a car is one of the most dangerous things we do on a regular basis. It is estimated that approximately 6 million car accidents occur in the U.S. every year, resulting in 3 million injuries. Car accident victims may be other drivers, pedestrians, cyclists, or passengers. If you have been injured in a car accident and you were not the driver, you may have questions about your legal options. You may be left with expensive medical bills and other financial losses caused by your injuries. In many cases, a personal injury claim can help injured passengers obtain financial compensation for losses such as these.
Determining Fault for Your Car Accident
Before you can recover compensation for a car accident, the liable or at-fault party must be determined. In many car accidents, there is more than one party who is considered to be at fault. For example, one driver may have been speeding while the other driver was texting and driving or otherwise distracted. However, a passenger cannot be held liable for a car accident because he or she was not in control of a vehicle. If more than one party is liable for a car accident, you may need to file multiple claims in order to recover enough compensation to cover the full extent of your damages.
What Types of C-Section Mistakes Commonly Lead to Medical Malpractice Claims?
About a third of all babies are delivered via cesarean section or “c-section.” In some cases, a mother chooses to have a c-section birth instead of a vaginal birth. Other times, an emergency c-section is needed to prevent the baby from suffering asphyxia or other harm. If you or your baby were injured and you suspect that medical negligence contributed to the injury, contact a medical malpractice attorney for help investigating the medical staff’s actions. You may be entitled to financial compensation for your damages.
Delayed C-Sections Put Babies Lives at Risk
When a woman goes into labor, doctors and nurses must be vigilant for signs that labor is not progressing normally. Abnormalities with the infant’s heart rate is often the first sign that he or she is in distress. An emergency c-section may be needed if the baby’s head is too big to fit through the mother’s pelvis, placental abruption or uterine rupture occurs, there is a prolapsed umbilical cord, or there are other problems that make vaginal birth too risky.
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From our offices in Rockford, Orland Park, Glen Ellyn, Joliet, Elmhurst, and Peoria, we represent injury victims throughout Illinois covering, Northern, Central and Southern Illinois. Our team handles cases in Freeport, Belvidere, Elgin, Palatine, Hoffman Estates, Des Plaines, Waukegan, Skokie, Addison, Lombard, Naperville, Lockport, Romeoville, Homer Glen, New Lenox, Mokena, Peoria, Springfield, Quincy, Edwardsville, Granite City, Maryville, Litchfield, Belleville, Winnebago County, Boone County, Stephenson County, Ogle County, Lee County, Lee County, Bureau County, Grundy County, DeKalb County, Cook County, Lake County, McHenry County, DuPage County, Kane County, Will County, Kendall County, Kankakee County, LaSalle County, Sangamon County, Champaign County, Rock Island County, Adams County, McLean County, Tazewell County, Peoria County, Macon County, Vermilion County, McDonough County, Madison County, Jackson County, St. Clair County, and more.
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