Medical Malpractice Attorneys Serving Oak Park and All of Illinois

The Oak Park medical malpractice lawyers at Coplan + Crane are committed to helping those who have suffered at the hands of medical professionals recover the maximum compensation they deserve. If you have sustained injuries due to the negligence of a doctor, nurse, hospital, or another healthcare provider, you should speak to an Oak Park medical malpractice attorney as soon as possible.

Medical malpractice cases are very complex and require the assistance of a firm with vast experience handling these difficult cases. Our experienced Oak Park medical malpractice lawyers have the knowledge, skills, and resources necessary to hold negligent doctors and other healthcare professionals accountable.

Contact Coplan + Crane online or at 708-358-8080 today for a FREE case evaluation. Our Oak Park medical malpractice lawyers proudly serve clients in Oak Park and other areas in Illinois. We handle medical malpractice claims on a contingency basis, which means you pay nothing unless we achieve a favorable outcome in your case.

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What Constitutes Medical Malpractice?

Medical malpractice arises when a healthcare provider’s negligence leads to patient harm. To establish a valid claim, the following elements must be proven:

Duty of Care: A legal relationship existed between the patient and the healthcare provider, obligating the provider to adhere to a standard of care.
Breach of Duty: The provider failed to meet the established standard of care, acting in a manner that a reasonably competent professional would not have under similar circumstances.
Causation: A direct link exists between the breach of duty and the injury sustained by the patient.
Damages: The patient suffered quantifiable harm, such as physical pain, emotional distress, additional medical expenses, or loss of income.

It’s important to note that not all medical errors constitute malpractice. If you have a question about whether you have grounds to sue for an injury you suffered at the hands of a medical professional, the Oak Park medical malpractice lawyers at Coplan + Crane can help. We have extensive experience in these matters and we can explain your rights and legal options.

Common Examples of Medical Negligence

Medical malpractice encompasses a range of negligent actions by healthcare professionals that deviate from the accepted standard of care, leading to patient harm. Understanding these common examples is crucial for recognizing potential malpractice and safeguarding patient rights.

If you or someone you love sustained an injury due to medical negligence, it is important to contact our Oak Park medical malpractice lawyers as soon as possible. These cases are extremely complex. The sooner you speak with our attorneys, the sooner we can get started on your case.

Below are some of the most common examples of medical negligence our Oak Park medical malpractice lawyers handle:

Misdiagnosis or Delayed Diagnosis

Misdiagnosis and delayed diagnosis are significant forms of medical negligence that can lead to severe patient harm.

Commonly misdiagnosed or delayed conditions include:

Cancer: Symptoms of various cancers can mimic less severe illnesses, leading to misdiagnosis or delayed diagnosis. For example, early signs of lung cancer may be mistaken for respiratory infections.
Heart Attack: Heart attacks are frequently misdiagnosed, with research suggesting that almost a third of patients in England and Wales receive an incorrect initial diagnosis. Symptoms such as chest pain and discomfort can be confused with conditions like acid reflux or angina.
Stroke: Strokes are among the most commonly misdiagnosed conditions in emergency rooms, often due to their symptoms resembling other less serious ailments.
Infections: Bacterial and viral infections can present with similar symptoms, leading to potential misdiagnosis. For instance, urinary tract infections (UTIs) in older adults often exhibit atypical symptoms like drowsiness and confusion, which can be mistaken for other conditions.
Thyroid Conditions: Thyroid disorders often present with a broad range of symptoms that can be confused with other conditions, making them notoriously difficult to diagnose.

Surgical Errors

Surgical errors are preventable mistakes that occur during medical procedures, often leading to significant patient harm. Understanding these errors is crucial for both healthcare professionals and patients to promote safety and accountability.

Common surgical errors include:

Wrong-Site Surgery: Performing an operation on the incorrect limb or body location.
Wrong-Patient Surgery: Conducting a procedure intended for a different patient.
Retained Foreign Objects (R.F.O.): Leaving surgical instruments or materials inside the patient’s body post-operation.
Nerve or Blood Vessel Injury: Accidentally cutting or damaging nerves or blood vessels during surgery.
Adjacent Organ Injury: Harming nearby organs while operating on the targeted area.
Anesthesia Errors: Administering incorrect dosages or failing to monitor the patient’s vital signs adequately.
Inadequate Infection Control: Failing to properly limit the risk of infection through sterilization and aseptic techniques.
Lack of Informed Consent: Proceeding with a procedure without obtaining proper consent from the patient.
Operating on High-Risk Patients Inappropriately: Performing elective surgeries on patients with contraindications without adequate evaluation.

Medication Errors

Medication errors are preventable incidents that can result in inappropriate medication use or serious patient harm. When these errors occur, they may be grounds for a medication error lawsuit, especially if negligence is involved. Seeking help from a medication error lawyer can be essential for those affected by these mistakes.

Common types of medication malpractice cases our prescription drug lawyers can handle include:

Wrong Medication: Administering the incorrect drug due to prescription misreading or confusion over similar drug names.
Incorrect Dosage: Providing too much or too little medication, leading to ineffective treatment or harmful side effects.
Wrong Route of Administration: Giving medication via an unintended method (e.g., oral instead of intravenous), which can impact its effectiveness.
Wrong Patient: Dispensing medication to the wrong individual due to identification errors.
Omission Errors: Failing to administer a prescribed dose, potentially compromising treatment success.
Timing Errors: Administering medication at the wrong time, which can affect therapeutic outcomes.
Improper Preparation: Incorrectly formulating or diluting medications before administration, which may cause harm.
Monitoring Failures: Neglecting to observe patients for side effects or therapeutic responses, leading to preventable complications.
Dangerous drugs and defective products: Drug cases are complex and intimidating due to powerful pharmaceutical companies aiming to minimize victim compensation.

If you or a loved one has suffered due to a medication mistake, our pharmacy malpractice lawyers can help determine your legal options. A skilled medication error attorney can assess your case and advocate for fair compensation for the harm caused.

Birth Injuries

Birth injuries are harm sustained by a newborn during the birthing process, ranging from minor temporary conditions to severe, long-term impairments. Recognizing common birth injuries is essential for prompt diagnosis and effective treatment.

Common birth injuries include:

Brachial Plexus Injury: Damage to the network of nerves controlling the arms and hands, often resulting from shoulder dystocia during delivery. This injury can lead to conditions like Erb’s palsy, characterized by weakness or paralysis of the arm.
Cephalohematoma: Accumulation of blood between the baby’s skull and periosteum, typically appearing as a raised lump on the head. It usually resolves without intervention but may increase the risk of jaundice.
Caput Succedaneum: Swelling of the soft tissues on the baby’s scalp caused by pressure during delivery, leading to a puffy appearance. This condition generally subsides within a few days without treatment.
Clavicle Fracture: Breakage of the collarbone, often occurring in cases of difficult delivery or shoulder dystocia. Symptoms include limited arm movement on the affected side; healing typically occurs with immobilization.
Facial Nerve Injury: Damage to the facial nerve, possibly due to pressure during birth or the use of forceps, resulting in asymmetrical facial movements. While many cases resolve spontaneously, some may require medical intervention.
Subconjunctival Hemorrhage: Breakage of small blood vessels in the eyes, leading to red spots on the sclera. This common injury is generally harmless and resolves within one to two weeks.
Intracranial Hemorrhage: Bleeding within the skull, which can occur due to trauma during delivery. Depending on severity, it may require medical intervention to prevent long-term complications.
Fractures: Breaks in bones other than the clavicle, such as the humerus or femur, can occur during difficult deliveries. Treatment typically involves immobilization and heals over time.

Anesthesia Errors

Anesthesia errors are preventable mistakes occurring during the administration of anesthesia, potentially leading to significant patient harm. Recognizing these errors is essential for enhancing patient safety and improving healthcare outcomes.

Anesthesia errors can include issues such as:

Incorrect Dosage: Administering too much or too little anesthesia, which can result in inadequate sedation or overdose complications.
Failure to Monitor: Inadequate observation of a patient’s vital signs during surgery, potentially leading to unrecognized distress or complications.
Medication Errors: Administering the wrong medication or confusing drugs due to similar labeling or names, which can cause adverse reactions.
Intubation Mishaps: Errors during intubation, such as damaging the throat or teeth, or improper placement of the breathing tube, leading to breathing difficulties or other complications.
Anesthesia Awareness: A situation where the patient becomes conscious during surgery and can recall the event, often due to insufficient anesthesia.
Equipment Failure: Malfunctioning anesthesia machines or related equipment, which can result in inadequate delivery of anesthesia or patient harm.
Failure to Obtain Informed Consent: Not properly informing the patient about the risks associated with anesthesia, leading to a lack of informed consent.

Failure to Treat

Failure to treat, also known as failure to provide appropriate treatment, occurs when a healthcare professional correctly diagnoses a condition but fails to administer the necessary medical care, leading to potential harm or deterioration of the patient’s health. Recognizing common instances of this type of medical malpractice is crucial for ensuring timely and effective patient care.

Examples of failure to treat can include:

Failure to Order Necessary Tests: Neglecting to conduct diagnostic tests that could confirm a suspected condition, resulting in delayed or missed treatment opportunities.
Inadequate Follow-Up Care: Not scheduling appropriate follow-up appointments or monitoring after an initial diagnosis, which can lead to unmanaged progression of the disease.
Premature Discharge: Releasing a patient from the hospital too soon, before their condition has stabilized, potentially leading to readmission or worsened health outcomes.
Failure to Refer to a Specialist: Not directing a patient to a specialist when specialized care is necessary for proper treatment, hindering access to appropriate medical interventions.
Ignoring or Dismissing Symptoms: Overlooking or not taking a patient’s reported symptoms seriously, which can result in untreated conditions and complications.
Failure to Provide Treatment Options: Not informing patients about available treatments for their condition, limiting their ability to make informed decisions about their healthcare.
Delayed Treatment: Postponing necessary medical interventions, allowing a condition to progress and potentially become more severe or less responsive to treatment.

Lack of Informed Consent

Lack of informed consent occurs when a healthcare provider fails to adequately inform a patient about the risks, benefits, and alternatives of a proposed treatment or procedure, preventing the patient from making a knowledgeable decision regarding their care. This omission can lead to medical malpractice claims if the patient suffers harm as a result.

Common examples of lack of informed consent:

Failure to Disclose Risks: Not informing a patient about potential complications associated with a procedure.
Omission of Alternative Treatments: Neglecting to discuss other viable treatment options.
Insufficient Explanation: Providing inadequate information about the procedure’s nature and purpose.
Proceeding Without Consent: Performing a procedure without obtaining the patient’s explicit agreement.
Misrepresentation of Credentials: Allowing unqualified personnel to perform procedures without the patient’s knowledge.

Hospital-Acquired Infections

Hospital-acquired infections (HAIs), also known as nosocomial infections, are infections that patients contract while receiving treatment in a healthcare facility. These infections can lead to serious health complications, prolonged hospital stays, and increased healthcare costs. Recognizing common types of HAIs is crucial for implementing effective prevention and control measures.

A medical error attorney can help pursue compensation after hospital-acquired infections such as:

Catheter-Associated Urinary Tract Infections (CAUTIs): These infections occur when bacteria enter the urinary tract through a urinary catheter, a tube inserted to drain urine from the bladder. CAUTIs are among the most common HAIs, often resulting from prolonged catheter use.
Surgical Site Infections (SSIs): SSIs develop at the site of a surgical incision and can affect the skin, tissues under the skin, organs, or implanted material. They account for approximately 20% of all HAIs and can occur days or even months after surgery.
Central Line-Associated Bloodstream Infections (CLABSIs): This type of infection happens when viruses or bacteria enter people’s bloodstreams through a tube placed in a large vein to administer medication or fluids (central line). CLABSIs can cause severe, life-threatening conditions.
Ventilator-Associated Pneumonia (VAP): VAP occurs in patients using mechanical ventilation through an endotracheal or tracheostomy tube. It is a significant cause of morbidity and mortality in intensive care units.
Clostridioides difficile Infections (CDIs): CDIs are caused by the Clostridioides difficile bacterium, leading to severe diarrhea and inflammation of the colon. They often occur after the use of antibiotics that disrupt normal gut flora.

Failure to Follow Up

Failure to follow up in medical care refers to a healthcare provider’s neglect to monitor a patient’s progress, communicate test results, or ensure adherence to treatment plans after initial consultations or procedures. This lapse can lead to delayed diagnoses, progression of diseases, and other adverse health outcomes.

Common examples of failure to follow up:

Not Communicating Test Results: Failing to inform patients about critical laboratory or imaging findings, which may delay necessary treatments.
Lack of Post-Procedure Care: Neglecting to schedule follow-up appointments after surgeries or treatments, potentially missing complications or the need for further intervention.
Ignoring Missed Appointments: Not reaching out to patients who miss scheduled visits, resulting in unmanaged health conditions.
Inadequate Monitoring of Treatment Plans: Failing to ensure that patients understand and adhere to prescribed therapies, which can compromise treatment effectiveness.
Delayed Specialist Referrals: Not promptly referring patients to specialists when necessary, hindering timely diagnosis and management of specific conditions.

Premature Discharge

Premature discharge refers to releasing a patient from a medical facility before it is medically appropriate, potentially leading to adverse health outcomes. Understanding common scenarios where premature discharge occurs is crucial for recognizing and preventing medical malpractice.

Common examples of premature discharge include:

Inadequate Diagnostic Testing: Discharging a patient without conducting necessary tests, leading to missed or delayed diagnoses.
Failure to Stabilize: Releasing patients before their condition is stable, increasing the risk of complications.
Insufficient Follow-Up Planning: Not arranging proper follow-up care or providing clear post-discharge instructions, resulting in unmanaged recovery.
Pressure to Free Up Beds: Discharging patients prematurely due to hospital overcrowding or resource constraints, compromising patient safety.
Misinterpretation of Test Results: Releasing patients based on incorrect or misread test outcomes, leading to untreated conditions.

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How Do You Prove Medical Negligence?

Proving medical negligence involves demonstrating that the healthcare provider’s actions fell below the accepted standard of care and directly caused the patient’s injury. This process typically includes:

Establishing a Doctor-Patient Relationship: Confirming that the provider owed a duty of care to the patient.
Demonstrating Breach of Duty: Providing evidence that the provider’s actions were inconsistent with what a competent professional would have done under similar circumstances.
Proving Causation: Showing a direct link between the provider’s breach and the injury sustained.
Documenting Damages: Presenting evidence of the harm suffered, including medical records, expert testimony, and financial losses.

In Illinois, plaintiffs must also file an “affidavit of merit,” which includes a written report from a qualified health professional stating that there is a reasonable and meritorious cause for the lawsuit.

Proving negligence can be extremely difficult. You need an attorney on your side with experience handling these matters. The Oak Park medical malpractice lawyers at Coplan + Crane understand what it takes to build a compelling case and prove negligence. Call now for a FREE case evaluation.

Who Can Be Held Liable for Medical Malpractice?

Liability in medical malpractice cases isn’t limited to doctors. Other parties that can be held accountable include:

Hospitals and Clinics: For inadequate policies, staffing issues, or failure to ensure competent staff.
Nurses and Technicians: For errors in patient care or medical procedures.
Pharmacists: For dispensing incorrect medications or dosages.
Manufacturers: For defective medical equipment or products.

Determining liability requires a thorough investigation to identify all parties responsible for the patient’s harm. Our medical malpractice lawyers in Oak Park can help determine which parties may be held liable for your injuries and pursue the maximum compensation you deserve.

Potential Damages in a Medical Malpractice Claim

Victims of medical malpractice may be entitled to various forms of compensation, including:

Economic Damages: These damages cover tangible losses like medical expenses, rehabilitation costs, and lost wages.
Non-Economic Damages: These damages provide compensation for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Illinois does not impose caps on compensatory damages in medical malpractice cases, allowing plaintiffs to recover full compensation for their losses. The Oak Park medical malpractice lawyers at Coplan + Crane have extensive experience handling these complex cases. We know how to accurately calculate the value of your losses and we are committed to helping you recover the full and fair compensation to which you may be entitled under the law.

How Much Is My Case Worth?

The value of a medical malpractice case depends on various factors, including:

Severity of Injury: More severe injuries typically result in higher compensation.
Economic Losses: Calculable expenses like medical bills and lost income.
Non-Economic Damages: Compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
Impact on Quality of Life: The extent to which the injury affects daily living and future well-being.

An experienced Oak Park medical malpractice attorney can provide a more accurate assessment based on the specifics of your case. Call Coplan + Crane today to schedule your FREE case evaluation.

What Is the Process for Filing a Lawsuit?

Filing a medical malpractice lawsuit in Illinois involves several steps:

Consultation with an Attorney: First, you should discuss the case with an experienced medical malpractice attorney in Oak Park to determine the strength of your claim.
Investigation: Your attorney will gather medical records, consult with experts, and evaluate the evidence in your case.
Affidavit of Merit: Your lawyer will obtain a written report from a healthcare professional affirming the validity of the claim.
Filing the Complaint: If a fair settlement cannot be negotiated, your medical malpractice lawyer will file a lawsuit in the appropriate court within the statute of limitations.
Discovery: Your attorney will exchange information with the opposing party, including depositions and interrogatories.
Settlement Negotiations or Trial: Your lawyer will attempt to reach a settlement or proceed to trial if necessary.

How Can a Lawyer Help?

Navigating a medical malpractice claim is complex and requires specialized legal expertise. An experienced med mal attorney can assist by:

Evaluating Your Case: Determining the viability of your claim based on the facts and applicable laws.
Gathering and Preserving Evidence: Collecting medical records, consulting with experts, and ensuring all relevant evidence is documented.
Building a Strong Case: Developing a compelling argument that demonstrates the healthcare provider’s negligence and the resulting harm.
Negotiating with Insurance Companies: Advocating on your behalf to seek fair compensation during settlement discussions.
Representing You in Court: Presenting your case effectively during trial, if a settlement cannot be reached.

The experienced Oak Park medical malpractice lawyers at Coplan + Crane can guide you through each step of your legal journey and handle every aspect of your case, so you can focus on healing. Your first step toward justice begins with a FREE case evaluation with one of our esteemed attorneys.

Why Choose Coplan + Crane?

At Coplan + Crane, we are dedicated to advocating for victims of medical malpractice in Oak Park and throughout Illinois. Our firm offers:

Extensive Experience: Our attorneys have a proven track record of successfully handling complex medical malpractice cases.
Personalized Attention: We understand that each case is unique and provide tailored legal strategies to meet your specific needs.
Comprehensive Resources: Utilizing a network of medical experts and investigative professionals to build robust cases.
Contingency Fee Basis: You pay no legal fees unless we secure compensation for you.

Choosing Coplan + Crane means partnering with a team committed to achieving justice and fair compensation for your injuries.

Talk to our Oak Park Medical Malpractice Lawyers for FREE

Your first step toward justice begins with a FREE case review with an Oak Park medical malpractice attorney at Coplan + Crane. During your complimentary initial consultation, our attorney will listen to your story, assess the merits of your case, and explain your rights and legal options.

Do not face your injuries alone. Contact Coplan + Crane online or at 708-358-8080 today for a FREE case evaluation. Our Oak Park medical malpractice lawyers proudly serve clients in Oak Park and other areas in Illinois.

Frequently Asked Questions

How to Identify Medical Malpractice

Identifying medical malpractice involves recognizing when a healthcare provider’s actions deviate from the accepted standard of care, resulting in patient harm. Key indicators include misdiagnosis, surgical errors, medication mistakes, or lack of informed consent. For instance, if a doctor fails to diagnose a condition that another competent physician would have identified, this may constitute malpractice. Similarly, errors during surgery, such as operating on the wrong site, or prescribing incorrect medications, can be signs of negligent care.

To determine if malpractice has occurred, it’s essential to assess whether the healthcare provider’s actions deviated from standard medical practices. This involves comparing the care received to what is generally accepted as appropriate by the medical community under similar circumstances. If you suspect malpractice, consult with a legal professional who specializes in medical negligence. They can evaluate the specifics of your situation, help gather necessary evidence, and advise on the best course of action.

What Evidence Is Used In a Medical Malpractice Case?

In medical malpractice cases, various types of evidence are utilized to substantiate claims:

Medical Records: Comprehensive documentation of the patient’s medical history, treatments, and outcomes.
Diagnostic Test Results: Laboratory reports, imaging studies, and other test outcomes that provide insight into the patient’s condition and the appropriateness of the care provided.
Witness Statements: Testimonies from medical staff, patients, or others present during the treatment, offering personal accounts of the events in question.
Hospital Policies and Protocols: Documentation outlining standard procedures and guidelines, used to assess whether the care provided adhered to accepted practices.
Expert Witness Testimony: Opinions from medical professionals who can evaluate the standard of care and identify deviations that may constitute malpractice.
Financial Records: Evidence such as medical bills and income statements demonstrating the economic impact of the alleged malpractice.

Collecting and presenting these forms of evidence is crucial in establishing the validity of a medical malpractice claim.

How to Choose a Medical Malpractice Attorney

Selecting the right medical malpractice attorney is crucial for effectively navigating the complexities of your case. Begin by evaluating the attorney’s experience and track record in handling medical malpractice claims. An attorney specializing in this field will be familiar with the intricate medical and legal issues involved, increasing the likelihood of a favorable outcome. Client testimonials and reviews can provide insight into the attorney’s reputation and effectiveness.

It’s also important to consider the attorney’s communication style and willingness to answer your questions. An initial consultation can help determine if the attorney aligns with your needs and expectations. Discussing their approach to handling cases similar to yours and their fee structure will provide a clearer picture of what to expect. Choosing an attorney who is both knowledgeable and empathetic can significantly impact your experience and the resolution of your case.

How To Determine If You Have a Valid Medical Malpractice Case

Determining the validity of a medical malpractice claim involves establishing four key elements: duty of care, breach of that duty, causation, and damages. First, there must be a recognized doctor-patient relationship, establishing the healthcare provider’s duty to deliver competent care.

Second, it must be shown that the provider breached this duty by deviating from accepted medical standards.

Third, a direct causal link between the breach and the patient’s injury must be demonstrated, meaning the harm would not have occurred but for the provider’s negligence. Finally, the patient must have suffered actual damages, such as physical pain, additional medical expenses, or lost wages, as a result of the injury. Consulting with a specialized attorney can help assess the strength of your case and guide you on the appropriate legal steps.

How to Negotiate a Medical Malpractice Settlement

Negotiating a medical malpractice settlement requires a strategic approach to achieve a fair resolution. Begin by presenting compelling evidence that substantiates your claim, including medical records, expert testimonies, and documentation of damages. Understanding the full extent of your losses, both economic and non-economic, is crucial in determining the value of your claim.

Engaging in discussions with the opposing party necessitates clear communication and a willingness to consider reasonable offers. An experienced attorney can advocate on your behalf, leveraging their knowledge of similar cases and negotiation tactics to achieve a fair settlement. They can also advise you on when it might be appropriate to accept an offer or proceed to trial if a satisfactory agreement cannot be reached.

How to Ensure a Medical Malpractice Claim is Filed on Time

Adhering to the statute of limitations is critical in medical malpractice cases, as failing to file within the designated timeframe can bar you from seeking compensation. This timeframe varies by jurisdiction and typically ranges from one to several years. It’s important to be aware of your state’s specific laws regarding medical malpractice claims.

Consulting with an attorney promptly ensures that your claim is filed within the legal deadlines. They can help gather necessary evidence, assess the merits of your case, and guide you through the filing process. Timely action not only preserves your legal rights but also enhances the likelihood of a favorable outcome by allowing for a more thorough investigation and preparation of your case.

How to Collaborate with Expert Witnesses in a Medical Malpractice Case

Expert witnesses play a pivotal role in medical malpractice cases by providing authoritative insights into the standard of care and identifying deviations that may constitute negligence. Collaborating effectively with these experts begins with selecting individuals who possess the appropriate credentials and experience relevant to your case. Their ability to clearly articulate complex medical concepts in a manner understandable to a lay audience is crucial.

Working closely with your attorney, expert witnesses can review medical records, offer opinions on whether the standard of care was breached, and testify in court if necessary.