Posted on in Medical Malpractice

orland park medical malpractice lawyerMedical errors are the third leading cause of death in the U.S. today. Sometimes it is clear that medical malpractice has occurred, such as when a surgeon leaves a foreign object inside the patient’s body during an operation. Other times, it is not so clear. Some patients may not even realize that they have been the victim of medical malpractice until years later. This article will cover some common types of medical malpractice. If you suspect that you have suffered worksened health as a result of medical malpractice, it is important to get in contact with a qualified attorney as soon as you realize that something is amiss. 

Delayed Diagnosis or Misdiagnosis 

This type of medical malpractice can be quite insidious. People tend to trust their doctors and often accept their diagnoses - or lack thereof - without question. Healthcare providers may sometimes miss the signs of a serious illness such as cancer, resulting in delayed treatment. Or, a doctor may incorrectly diagnose a condition, resulting in unnecessary treatment or the wrong treatment. A patient may not discover this type of medical malpractice until years later after they have already suffered substantial harm as a result. 

Failure to Treat 

Doctors nowadays are extremely busy, and sometimes take on more patients than they can safely manage. This increases the risk that patients will be harmed as a result of negligence. A doctor may fail to provide adequate instructions for follow-up care after a hospital visit, release a patient from the hospital too soon or without providing necessary care, or fail to order tests that would have caught a serious condition. 

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IL injury lawyerWhen you have an injury or illness that needs treatment, you want to believe that the people you are seeking help from know what they are doing and have the skills to keep you safe. Unfortunately, medical malpractice is not an uncommon occurrence. According to the National Practitioner Data Bank (NPDB), which compiles information about adverse actions and malpractice payments across the country, there have been more than 58,000 adverse actions or medical malpractice claims paid out since 2020. It is fair to say that everyone makes mistakes, but when you are handling something as serious as someone’s health, negligence is unacceptable. If you have experienced the effects of a negligent physician, you may be able to file a medical malpractice claim to gather compensation.

Elements of a Medical Malpractice Case

In general, medical malpractice is characterized by a physician’s negligent action to harm a patient, causing them to suffer a loss. In order for an injury to be a malpractice case, there must be three separate elements present: a clear violation of the standard of care, an injury that resulted from the violation, and damages that result from the injury. Without all three of these elements, you do not have a medical malpractice case.

  • Violation of the standard of care: A negligent action can come from a physician or other healthcare professional in a variety of ways. In general, however, a negligent action is typically a deviation from the standard course of treatment utilized and accepted by most physicians under similar circumstances.
  • An injury that arose from the violation: You must be able to prove that you suffered an injury from that violation. It is not sufficient to say that the physician simply violated the standard of care - you must also be able to show your injury, or in some cases, death.
  • Damages that were sustained from the injury: Finally, you should be able to show that you sustained damages because of the injury that you sustained from their violation of the standard of care. Damages could include funeral or burial costs if the patient died, or it could include things like disability and lost wages for a patient that suffers an injury.

Our Orland Park, IL Medical Malpractice Attorneys Are Here to Help

It only takes one small mistake to change a person’s life. If you or a loved one has been injured at the hands of a physician or other medical professional, you should discuss your case with an Illinois medical malpractice lawyer. James A. Payonk Jr., Attorney at Law, has the knowledge and experience to protect your interests when negotiating fair compensation for your injuries. To schedule a free consultation, call our office today at 708-966-2408.

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IL injury lawyerHaving a baby can be a beautiful, momentous, and life-changing experience. However, complications during childbirth can cause serious injuries to the mother and child. Depending on the circumstances, a maternal injury may lead to debilitating conditions and even death. The risk of injuries to the mother may increase when certain procedures such as a cesarean delivery (C-section) are performed. However, some maternal injuries during childbirth can be prevented if medical staff are able to address risk factors and provide intervention when signs or symptoms first present themselves during pregnancy or labor. Mothers who experience trauma when their child is born may be able to pursue compensation through a medical malpractice claim if negligence played a role in their injuries.

Prenatal Care Is Vital

Expectant mothers are advised to see their physician regularly while pregnant to monitor the baby’s development. If the safety of the mother or unborn child is in jeopardy, the medical staff should be ready to take necessary measures to ensure their health and safety. Doctors and nurses should take care to notice any signs of distress in the mother during routine visits or labor and delivery, which may include high blood pressure.

In many cases, maternal injuries can occur when a mother attempts to have a vaginal birth after cesarean (VBAC) delivery. Scars from the previous C-section or other type of abdominal surgery tear during the process, which can lead to blood loss, infection, or other internal organ damage.

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Illinios accident lawyer,  Illnois personal injury attorney, Illinois wrongful death lawyerPhysicians prescribe medication to patients all the time for various reasons. Certain medicines can help alleviate pain and symptoms for injured and sick patients when correctly prescribed and used. They can also heal and cure injuries and illnesses if used properly. However, they also have the potential to cause permanent damage or even death if they are used incorrectly. If you or your loved one has suffered as a result of a prescription drug mistake, you may be entitled to compensation. An experienced personal injury attorney can help determine liability for your damages. Responsible parties may include a doctor, pharmacist, or anesthesiologist.

Common Forms of Medication Mistakes

Unlike over-the-counter (OTC) medicines, prescription medication must be prescribed by a doctor and are usually dispensed by a pharmacist at a hospital or a pharmacy. This is because these types of drugs could be potentially addictive or lethal if not taken properly. Names of some medications may at first glance look or sound similar, which means they can be easily confused with each other. In other cases, ingesting too much or too little of a drug can affect a patient’s health and well-being.

A few of the main types of medication mistakes include:

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IL maplractice lawyer, Illinois medical malpractice attorneyMany people put their trust in healthcare professionals to treat an injury or a specific medical condition. However, mistakes can and do occur, unfortunately. Often considered the most common, most costly, and most dangerous of medical errors, a missed or delayed diagnosis prevents a patient from receiving appropriate medical treatment to prevent his or her ailment from worsening. A misdiagnosis is only considered medical malpractice when a physician acted negligently and took action that another doctor would not have taken given the same circumstances. This can be difficult to prove, but an experienced personal injury attorney can help uncover evidence of this negligence.

Reasons for a Missed Diagnosis or Misdiagnosis

There are several ways that a medical mistake can happen, and although most are unintentional, they can have profound effects on a patient. In some cases, a missed or misdiagnosis can leave someone in worse health than they were before visiting the doctor or hospital. In addition, the timing of it can be critical depending on his or her condition. For example, the timely diagnosis for advanced diseases such as cancer is crucial to provide the necessary treatment such as chemotherapy or radiation, which can stop a malignant tumor from growing or spreading to other body parts.

Besides human error, a few of the main issues that can cause a diagnostic error are:

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James A. Payonk, Jr.

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Orland Park, Illinois 60467

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