Were you or a loved one the victim of medical malpractice in Naperville, IL? If so, you might have a compensation claim against the responsible party for your pain and suffering, emotional distress, lost wages, medical bills, and more. The Law Offices of Mathys & Schneid is here to stand up for you during this difficult time. Call us at (630) 428-4040.
We’re some of the most respected and seasoned personal injury attorneys in all of DuPage County. Our Naperville medical malpractice attorneys have more than 74 years of combined experience practicing law. In addition, our personal injury law firm has collected more than $150 million on behalf of our deserving clients since 2005, the year we opened our doors.
Reach out to our law office to set up a no-pressure, free consultation to discuss your case. We’re available 24/7 to take your call.
How the Law Offices of Mathys & Schneid Personal Injury Lawyers Can Help With a Medical Malpractice Claim in Naperville
Nobody should have to endure a medical malpractice error. When you go to a doctor with an ailment or illness, you rightfully expect the doctor to help improve your condition – not make it worse or create a new one. If that has happened to you, you deserve to be compensated by the person or party who caused the malpractice.
The Law Offices of Mathys & Schneid can handle everything related to your claim for compensation while you focus on recovering from your injuries. We’re award-winning Naperville personal injury lawyers; attorneys on our team have been named Illinois Super Lawyers for multiple years running. Mark T. Schneid, one of our founding lawyers, was named one of America’s Top 100 Attorneys as well. Hiring us means you’ll have legal assistance in the form of:
- Hiring experts to fully articulate the nature of your claim and the extent of your damages, with the ability to testify on your behalf at trial if needed
- Internally investigating your case to collect evidence and strengthen your claim for compensation
- Handling all of the negotiations, communications, and paperwork that your case entails
- Filing a lawsuit against the responsible party, including the possibility of putting your case in front of a DuPage County jury at trial
These are just a few of the ways we’ll be able to help with your case when you hire us to represent you with your medical malpractice case in Naperville, Illinois. Call today for more information or to begin forming an attorney-client relationship.
How Common Is Medical Malpractice?
Medical malpractice is much more prevalent than you might expect. A study by Johns Hopkins found that medical malpractice was the third leading cause of death in the United States.
Specifically, the study focused on medical death rate data from a recent eight-year period and determined that more than 250,000 deaths per year were due to medical malpractice. This reflects more than 100,000 deaths ahead of the fourth leading cause of death, respiratory disease.
Of course, not all instances of medical malpractice result in death, meaning the actual number of cases involving a medical error is almost certainly much larger than 250,000 per year.
Illinois has released a study of medical malpractice claims in the state and noted that the number of closed claims has decreased in a recent five-year period. However, there have also been tens of millions of dollars paid out in medical malpractice claims in the state in that time frame as well.
What Is My Naperville Medical Malpractice Case Worth?
Medical malpractice cases can be some of the most complex in the personal injury area of the law, and one reason for that is that they can be especially difficult to evaluate. No two medical malpractice cases are the same, as they each involve their own set of facts and circumstances. Many factors go into determining how much a case is worth, such as:
- Whether you’ll make a full recovery from your injuries
- The terms and conditions of your health insurance policy, if applicable
- The type and severity of the injuries you have sustained due to the error
- How old you were at the time of the malpractice
The medical malpractice cases that result in the most serious injuries and the most significant impact on the victim’s day-to-day life will be worth the most, usually. These cases also generally require an expert to fully understand the extent of the harm done. However, we can provide some personalized insight into the value of your case during your free case evaluation.
What Damages Are Available to Medical Malpractice Victims in Naperville, IL?
Victims of medical malpractice in Naperville, Illinois, can pursue economic and non-economic damages. Punitive damages are expressly prohibited in medical malpractice cases by Illinois law.
Economic damages, as the name suggests, focus on your financial losses. Some examples are:
- Lost wages
- Medical bills
- Decreased earning capacity
Non-economic damages represent your other losses, those that aren’t so easy to assign a monetary value to. A few examples include:
- Pain and suffering
- Emotional distress
Our Naperville medical malpractice lawyers will aim to maximize the value of your claim, looking to fully understand all of your damages in the process.
We’ll Work Hard To Recover Compensation for All of Your Medical Malpractice Injuries
Illinois medical malpractice can result in significant injuries to the victim and can even exasperate existing conditions. Some of the more common types of injuries include, but are not limited to, the following:
- Traumatic brain injuries
- Decreased life expectancy
- Spinal cord injuries
- Heart conditions
- Lung conditions
- Organ damage
- Nerve damage
- Harmful drug interactions
- Mental disorders
- Birth injuries
- Wrongful death of a loved one
Our lawyers are here to help you recover as best as is possible following a medical malpractice error.
What Causes Most Medical Malpractice Cases in Naperville, Illinois?
Medical malpractice cases in Naperville, Illinois, can arise from circumstances like:
- Failure to diagnose
- Misidentifying the patient
- Hospital negligence
- Failing to obtain informed consent
- Anesthesia errors
- Overtreatment or undertreatment
- Failing to recognize obvious symptoms
- Medical chart errors
- Adverse drug reactions
- Improper surgery or procedure
- Nursing negligence
This list is far from exhaustive, however. Have you been harmed due to a medical error in Naperville, IL? Call the Law Offices of Mathys & Schneid for legal advice.
How Do I Prove Medical Negligence in Illinois?
Most medical malpractice cases involve proving that the at-fault party was negligent. Negligence is a legal term that has a similar meaning to “carelessness,” and it occurs when a person violates a duty of care, causing harm (damages) to another person as a result.
However, medical malpractice cases are a bit different than the standard negligence case. One key element of a negligence claim is whether a standard of care has been violated. Medical professionals are held to a higher duty of care in the context of performing their jobs. Specifically, the doctor’s actions (or inactions) will be compared to how a reasonable doctor would have acted given the same situation as opposed to just a reasonable person at large.
For example, in a medical malpractice case focused on the prescribing of improper medication, evaluating that element entails asking whether another doctor would have prescribed that medication is given the same circumstances.
As the personal injury victim, you have the burden of proof to assert that medical malpractice by a preponderance of the evidence, meaning you’ll have to show that each element is more likely true than not. Examples of evidence that can help prove your claim include medical records as well as expert analysis and testimony. The exact evidence available will be highly fact-specific.
How Much Time Do I Have To File a Medical Malpractice Lawsuit in Illinois?
Per the Illinois statute of limitations for medical malpractice cases, you’ll generally have two years from the date of the medical error to file your lawsuit. If you didn’t discover your injury until after the fact, you’ll have two years from that date instead in most instances. However, you will generally have to file your lawsuit within four years, regardless of when you discovered your injury.
We recommend promptly contacting our legal team if you have any questions about the deadline to file a lawsuit in your case. If you file your lawsuit too late, you won’t be able to pursue compensation for the damages you have sustained – a court of law will not hear your case.
Schedule a Free Consultation With a Trusted Naperville Medical Malpractice Attorney
You shouldn’t have to go through the aftermath of medical malpractice on your own. You deserve to focus on healing from the harm that has been done to you instead of worrying about how you’ll be compensated.
The Law Offices of Mathys & Schneid can fight for your interests starting the moment you select us to represent you. Our Naperville medical malpractice lawyers are well on their way to a century of collective experience. We’re confident that we can help you achieve a favorable outcome.
Call today to set up a free, no-obligation consultation.