When you have suffered harm at the hands of your doctor, it can be a devastating and debilitating experience. Apart from coping with your pain and suffering, you might also be juggling additional costs from your care and grappling with sudden concerns about your misdiagnosis or other medical negligence.
Power Rogers is available for a consultation with Chicago medical malpractice victims. Our law firm comprising trial attorneys and skilled negotiators has been named the Number One firm in terms of dollars recovered for 13 of the last 15 years by Chicago Lawyer. Our medical malpractice checklist for victims is designed to help you understand what to prioritize as well as how we may be able to help.
Seek Immediate Medical Attention
Needless to say, medical malpractice puts your health in jeopardy. Negligence and abuse are unacceptable from licensed professionals, whether they are doctors, nurses, physical therapists, mental health professionals, technicians, or those who play any other role in the medical community.
If you suspect you’ve been a victim of malpractice and you have ongoing medical needs, get treated by another medical professional right away. See a doctor that you trust, and make sure that you express the full extent of your concerns. If you are concerned about post-surgical complications such as infection, internal bleeding, or retained surgical instruments, call 911 or go to the emergency room at once. Make sure to keep records of any corrective medical care related to the injury. The contents of your medical records will be important and you may be able to recover the costs of your resultant care with the help of a medical malpractice claim.
Gather All Medical Records
Your consumer rights under the federal Health Insurance Portability and Accountability Act (HIPAA) as well as Illinois state law give you the right to access your medical records. These records are often a crucial piece of evidence in evaluating and prosecuting a medical malpractice action. Understanding the evolution of your medical condition, who was involved, and the timing and sequence of your condition and care are essential in evaluating your claim.
Obtain your medical records from the healthcare provider who treated you, including copies of tests, prescriptions, treatments, and procedures. Under the Illinois Statute 210 ILCS 85/6.17, hospitals must preserve medical records for not less than 10 years. You must receive copies of your medical records after your request within 30 days.
Note any differences between what you were told versus what is documented, and mention those inconsistencies to your medical malpractice lawyer.
Understand the Statute of Limitations
The statute of limitations is the period you have to file a claim for compensation. In medical malpractice cases, this timeline may be determined differently than in other personal injury cases. It may be calculated from the date of the care, from the date of the discovery of the injury, or even from the date of termination of your relationship with that doctor, depending on the state in which you file. For this reason, it is especially important to work with a law firm that specializes in medical malpractice claims and understands these nuances.
Statute of Limitations by State
State statutes of limitations for medical malpractice claims vary widely, ranging from one year in Kentucky or Louisiana to six years in Hawaii. The majority of states have a two-year limitations period, but there are exceptions and nuances to these general timeframes that require analysis by an experienced attorney.
Medical Malpractice Statute of Limitations Illinois
In the state of Illinois, in general, you have two years from the date you knew or should have known you were injured from medical malpractice to bring your claim. However, Illinois law contains certain exceptions to the two-year period:
- If the malpractice occurred when you were a minor, the deadline may be extended for up to eight years or until your 22nd birthday.
- If the malpractice was so severe that you were physically or mentally disabled, you have two years from the date of your reasonable recovery to file.
- If a hospital, medical facility, or other healthcare institution acted to conceal their fraud or abuse, you may be able to file within a five-year timeline from the date of discovery and still be eligible for compensation.
Document Your Experience
Keep a list of the places you treated and the names of the individuals involved in your care. If applicable, take pictures of your injuries and their progression over time. Include timestamps in order to create a fuller picture of how your health is faring. Maintain copies of any documents given to you by health care providers, such as discharge instructions or prescriptions.
Compile Medical Bills and Financial Documents
Aggregating your medical bills, correspondence with your insurer, and any additional financial documents can help ensure that you do not miss out on any possible damages from your claim. Organize all medical bills, including hospital stays, treatments, procedures, medications, and follow-up visits.
At the same time, keep records of missed work or lost income, and collect pay stubs or tax returns as evidence. If you have communicated with your employer about your health condition, include those texts or emails as well.
Keep a Record of Prescriptions
Any copays and medication costs, as well as information about prescription medications, should be part of your record keeping. Make sure to include all medications, dosages, and any side effects experienced. Make note of the time of day you took these drugs, as well as what your doctor told you about them.
If you were given an incorrect dosage or the wrong medication, keep detailed notes of those as well. Note when you discovered the error, as well as any changes that occurred once it was corrected.
Identify Witnesses
If other healthcare providers were present during your treatment, note their names and roles. They may be able to testify to their concerns about your condition or treatment, or provide more insight into the offending medical professional’s state of mind before the error or recklessness.
If loved ones witnessed the event or can attest to your condition before and after, document their observations as well for future reference.
Consult with a Medical Malpractice Attorney
You do not have to build, present, and defend your claim alone. If you have been harmed due to medical malpractice or experienced a loved one’s passing due to medical negligence, your time and energy are even more valuable as you focus on healing. Working with a medical malpractice attorney can help ensure that you protect your own peace during this difficult time, as well as present the most powerful claim possible for seeking thorough compensation.
At Power Rogers, we offer a free case consultation so that you can decide how you want to proceed. We suggest you bring all your medical records, bills, and photographs to the consultation for review. Anything you share with your attorney will be kept confidential.
Determine Who Can Be Held Accountable
One surprising fact about medical malpractice claims is that they often involve more than one party who can be responsible for the harm you suffered. This way, you may be able to entitled to a higher amount of compensation than you might initially realize.
Your attorney can help identify whether to sue an individual provider (such as a doctor or a nurse) or an institution (like a hospital). In some cases where a provider with a history of negligence or abuse was hired, the healthcare facility may be held accountable for their negligent hiring practices. In others, where an untrained party was put in charge of a situation that exceeded their training, education, and experience, the liable party may include the hospital through its leadership.
Understand Your Damages
Medical malpractice lawsuit settlements in Illinois offer two different categories of damages: economic and non-economic. Economic damages include the cost of your medical bills, prescription drug co-pays, ambulance rides, hospital overnight stays, payments for your lost wages during a recovery period, and more. Documenting your bills and any communications from your medical team can help ensure that you account for all of your possible economic damages.
Non-economic damages, on the other hand, are best calculated with the help of a skilled medical malpractice attorney. Non-economic damages can include your pain and suffering, loss of enjoyment of life, loss of consortium, and more.
An experienced medical malpractice attorney is able to identify potential losses and future harms, and leverage their negotiation skills to demand a comprehensive settlement amount that accounts for all of your losses.
Prepare for a Legal Claim
Medical malpractice cases take time. When you work with a skilled law firm, you can spend that time resting and in recovery while they prepare your legal claim. Your attorney will consult medical experts to review your case and provide evidence that supports your claim.
Many malpractice lawsuits are settled out of court. If such an opportunity arises, you will not be alone in these negotiations. Power Rogers attorneys understand insurance company tricks or corporate legal efforts to force through a lowball settlement, and will fight hard to get you the compensation you deserve.
Power Rogers Can Help File a Medical Malpractice Lawsuit | Contact Us Today
Power Rogers attorneys have a proven track record of success bringing medical malpractice lawsuits on behalf of injured Chicagoans. Don’t wait until the clock is up on your claim to get in touch. Speak with one of our medical malpractice attorneys as soon as possible. Doing so not only ensures that your claim meets the state statute of limitations; it can also help you gather more compelling evidence, lock in witnesses before their memories fade, and boost your overall chances of securing the maximum compensation.
Contact Power Rogers today for a free consultation and legal guidance in navigating your medical malpractice case.
