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MEDICAL MALPRACTICE

At Vrdolyak Law Group, many clients come to us with medical malpractice cases, but our first concern is that our clients receive the medical care they need. If you have a medical issue, do not delay medical treatment because you believe you may have a potential malpractice case. Seek medical care immediately. No lawsuit is more important than your health. Once you have been treated, our experienced team of attorneys and medical experts will give your case a thorough evaluation.

About Medical Malpractice

While doctors and nurses make their living trying to help others, they are human and sometimes make mistakes. When a medical provider has worked long hours without rest, fatigue and lack of focus can lead to critical mistakes; other times, the facility’s system or policies are to blame.

When a doctor or nurse comes in on their shift, they must rely on charts and records created by others. Sloppy paperwork or inaccurate record-keeping can give medical practitioners an incomplete or inaccurate picture which can lead to a preventable medical error, sometimes causing serious injury or death.

When this happens, those responsible must be held accountable to compensate the injured person or their family. Hiring a law firm to represent those injured or killed due to medical malpractice is an important decision, not all attorneys are the same. Just as you would not see a podiatrist or general practitioner for a brain aneurysm, you should not consult with just any attorney if you or a loved one has been a victim of medical malpractice. This is a highly specialized area of law, requiring an experienced team of legal and medical professionals.

What You Need to Know About Medical Malpractice

•   Medical malpractice is often defined as any type of negligence by a healthcare professional which results in substandard treatment, bodily harm, injury or death.
 

•   Recent studies claim that preventable medical errors cause up to 400,000 deaths a year, nearly as many deaths as caused by smoking.
 

•   Medical malpractice lawsuits can be filed against either medical professionals or a medical facility.
 

•   Medical malpractice lawsuits are among the most difficult cases to prosecute, because of extensive legislation that protects doctors, hospitals, and their insurance companies.

Vrdolyak Law Group Medical Malpractice Expertise and Experience

Medical malpractice cases are extremely difficult for the victims to win or settle because the defendants are doctors and hospitals who have deep pockets and are backed up by big insurance companies. It takes expert trial attorneys with extensive knowledge of medicine, backed up by a team of top medical advisors, to bring a case to trial.

Our skilled lawyers have been trying catastrophic Medical Malpractice cases for nearly 60 years with outstanding results, a number of which have been featured on both the Oprah Show and The Today Show.

Insurance companies have been known to negotiate differently with attorneys who are experienced in medical malpractice or who have a background in the medical industry, as opposed to those who don’t. The Vrdolyak Law Group’s team of experienced attorneys, and top notch retained experts combine their knowledge and experience to bring justice to you and your loved ones.

How Many Medical Malpractice Incidents per year?

There are over 400,000 Medical Malpractice incidents per year.

Doctors play important roles in our lives and while patients all want to believe in the competence of those entrusted with our medical care, there are more than 400,000 medical malpractice incidents per year which negatively, and sometimes lethally, impact patients and their loved ones. There are many different forms medical malpractice can take, including:

•   Failure to diagnose
•   Misdiagnosis
•   Misreading, misinterpreting, or ignoring laboratory results
•   Childbirth Injuries
•   Unnecessary surgery
•   Surgical errors or wrong-site surgery
•   Anesthesia Errors
•   Medication Errors
•   Poor follow-up or aftercare
•   Premature discharge
•   Disregarding or not taking appropriate patient history
•   Failure to order proper testing
•   Failure to recognize symptoms

Be careful not to confuse medical risk and negligence. Even if there is a known risk to a medical treatment, the medical practitioner is not relieved from minimizing the risks. You should seek legal advice as soon as you suspect you or a family member might be the victim of medical malpractice.

Why Time Matters – Statutes of Limitations on Medical Malpractice Cases

The law places deadlines or ‘statutes of limitations’ which limit the amount of time a victim has to file a medical malpractice claim before they become barred. In Illinois, the patient has only two years and the clock begins ticking at the time of discovery of the malpractice.

Different states have different time limitations on when a case can be filed. It is important to contact an attorney as soon as you suspect malpractice has occurred.

DO’s and DON’Ts in Medical Malpractice Cases

DO:

1. Seek legal advice as soon as you suspect you or a family member might be the victim of medical malpractice from an attorney who focuses on medical malpractice.
 

2. Insist on certified copies of all medical records relating to your treatment. Medical records are confidential, as the patient you have a right to all records including bills.
 

- Under the HITECH HIPAA Act, you are entitled to copies of your records for a minimal fee. Be aware some companies that handle medical records request for doctors and hospitals will attempt to charge hundreds of dollars to send you copies of your records. This is a potential serious violation of Federal law, and if you are asked to pay more than $50, speak to one of our attorneys.
 

3. Keep a diary with notations on everything the doctor, medical facility and staff told you, or instructed you, to do.
 

4. Keep an accurate chronological record of when you first sought treatment, the names of any specialists to which you were referred, including outpatient care, etc.
 

5. Seek a second opinion from a qualified doctor but do not share your suspicions of malpractice with the second doctor.
 

6. Get an independent autopsy if you suspect there may have been medical malpractice that resulted in death.
 

7. Preserve all evidence related to your suspicion of medical malpractice. It is important to keep all the evidence which may be related to the malpractice, the healthcare providers at issue, and the harm which resulted. The available documentation will vary from case to case. Here are a few examples:
 

- Appointment cards
- Authorizations and waivers
- Medical billing statements/records
- Prescription records
- Medical records (Your attorney can help you access these).
- Prescription bottles
- Photos of wounds, scars, or other injured areas

Not all these materials may apply to your case, and others may be long lost. However, keeping what you have is important, and providing them to your attorney will help expedite the process.

DON'T:

1. Don't assume nothing happened, we all want to believe in the competence of those entrusted with our medical care. Often, when suspicions of malpractice are raised, the patient is told something by the healthcare provider to minimize those concerns, such as "this just happens sometimes" or "that's just the risk of this procedure." While risks are a fact of medicine, there is a distinction between risk and neglect. Just because there is a known risk to a medical course of action, the healthcare provider isn’t alleviated from minimizing the risks. Do not allow your suspicion of medical malpractice to go unanswered without proper investigation.
 

2. Don't talk to administrators without first consulting an attorney. When we are mistreated in a healthcare situation, administrators, and specifically risk management personnel, are not there to represent your interests, but rather to protect the medical institution and its staff.
 

- It is important to consult an attorney before saying anything to administration. An attorney who works for you will be able to ensure that any exchange of information with the administration is appropriate, fair, and in your best interest.
 

3. Don't wait to seek legal advice. The legal system, when it comes to medical malpractice cases, is often tilted in favor of the healthcare institution, rather than the victim.
 

- For example, the law benefits the healthcare providers by placing deadlines or 'statutes of limitations' which limit the amount of time a victim must file a medical malpractice claim before they become barred. In Illinois, the clock starts ticking at the time of the discovery of the malpractice. For this reason, you should contact an attorney immediately upon suspicion of malpractice.
 

4. Don't attempt to confront the doctor(s), medical staff, lawyers for the medical facility or anyone else regarding your suspicions until you've spoken with your attorney.
 

5. Don't sign anything, waive any rights or admit to any responsibility.
 

6. Don't discuss your suspicions with anyone except your attorney and your immediate family.
 

7. Don't post anything on social media or email anyone except your attorney about your suspicions.
 

8. Don’t expect a quick settlement. Because federal law requires all settlements be reported to the National Practitioners Databank, doctors are extremely reluctant to settle cases, as this will be a permanent mark on their career and can affect their future employment. Hospitals are also reluctant to admit to mistakes and will give their attorneys a blank check to fight your case.

What You Can Do If You Suspect Medical Malpractice

If you feel you or a family member have incurred needless pain, suffering or additional injury as the result of the carelessness or mistakes of a doctor, medical facility or other medical professional, then you may have a case for malpractice. Medical professionals and facilities are insured for their mistakes. You deserve the experience of The Vrdolyak Law Group.

The best advice we can give you regarding Medical Malpractice is this: if you suspect that you or a family member have suffered as a result of insufficient, improper or inappropriate medical treatment then contact The Vrdolyak Law Group for a FREE CONSULTATION with an experienced Medical Malpractice attorney.

Call 844-4-VLG-LAW
[844-485-4529]

 
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