Chicago Medical Malpractice Lawyer

Medical malpractice happens when a medical professional owes a duty of care to a patient and fails to provide the proper level of care that any reasonable person would expect to receive in a modern medical center. This doesn’t mean that all negative outcomes are malpractice, but a negative event may indicate malpractice when it was the result of a mistake or other negligent behavior on the part of a physician or medical professional.

At Mark L. Karno & Associates, LLC, our Chicago personal injury lawyers understand how complex these cases can become, and we are here to help. We opened our doors in 1994 and have more than three decades of experience to rely on. We can help you consider both economic and noneconomic damages. Economic damages include issues like lost wages or additional medical bills, while noneconomic damages include pain and suffering, loss of consortium and more. Every case is unique, but our dedicated Illinois team can help you explore your legal options.

Schedule a free consultation today to pursue the compensation you deserve — call (312) 701-0090.

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When Does Negligence Injure And Kill Patients?

We all have certain expectations for our medical care. We trust that our doctors, nurses and others involved in our treatment have our best interest in mind when we go to a hospital, clinic or other medical provider and would not do anything to compromise our health and well-being. Unfortunately, medical malpractice causes thousands of deaths and catastrophic injuries every year for victims across the state.

To fully understand your legal rights as a patient when it comes to your medical care, talk to the law offices of Mark L. Karno & Associates, LLC for a free evaluation of your case.

Injured Due To Medical Malpractice?

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What Are Common Forms Of Medical Negligence?

Patients can be injured by health care professionals in a variety of ways. Common medical malpractice cases arise from:

• Anesthesia errors
• Emergency room errors
• Medication errors
• Postoperative care errors
• Surgical errors
• Failure to diagnose or late diagnoses
• Misdiagnosis or delayed cancer diagnosis
• Surgical errors causing paralysis
• Misdiagnosis of cancer and other conditions
• Birth injuries, such as cerebral palsy
• Preventable infections
• Death of a loved one due to negligent care

Common Causes of Medical Malpractice in Chicago

Several factors frequently contribute to malpractice incidents:

Poor Communication Between Medical Providers

When physicians, nurses, and specialists fail to communicate clearly about a patient’s condition or treatment plan, critical information may be overlooked.

Failure to Review Patient Records

Medical providers must carefully review a patient’s medical history, test results, and medications before making treatment decisions. Missing important information can lead to serious mistakes.

Inadequate Monitoring of Patients

Patients who are recovering from surgery or receiving medication require regular monitoring. Failing to observe changes in vital signs or symptoms may allow complications to develop.

Fatigue and Long Work Hours

Doctors and hospital staff often work extended shifts. Fatigue can affect concentration and decision-making, increasing the risk of errors.

Understaffing in Hospitals or Medical Facilities

When hospitals do not maintain adequate staffing levels, medical providers may be responsible for too many patients at once, increasing the likelihood of mistakes.

Failure to Follow Established Medical Procedures

Hospitals and medical organizations have protocols designed to prevent errors. Ignoring these procedures may lead to avoidable injuries.

Who Can Be Held Liable for Medical Malpractice in Chicago?

Medical malpractice claims may involve several different medical professionals and organizations involved in a patient’s care. Potentially liable parties include:

• Physicians: Doctors may be liable for negligent diagnosis, improper treatment decisions, or failure to recognize serious medical conditions.

• Surgeons: Surgical specialists may be responsible for mistakes during procedures or for failing to properly evaluate a patient before surgery.

• Nurses and nursing staff: Nurses are responsible for monitoring patients, administering medication, and reporting complications to physicians.

• Anesthesiologists: Errors in administering or monitoring anesthesia can result in serious complications, including brain injury or cardiac arrest.

• Pharmacists: Filling a prescription incorrectly or failing to recognize dangerous drug interactions may lead to harmful medication errors.

• Medical laboratories and diagnostic facilities: Incorrect test results or mishandled samples can contribute to misdiagnosis or delayed treatment.

Identifying the responsible parties often requires reviewing medical records, treatment decisions, and the actions of each professional involved in the patient’s care.

Illinois Medical Malpractice Laws

Illinois law establishes several rules that govern how medical malpractice claims are investigated and filed.

Affidavit of Merit Requirement — 735 ILCS 5/2-622

Illinois law requires plaintiffs to submit an affidavit of merit when filing a medical malpractice lawsuit. Under 735 ILCS 5/2-622, the plaintiff must consult with a qualified medical professional who has reviewed the facts of the case and determined that there is a reasonable basis to believe medical negligence occurred. This affidavit must be filed along with the complaint.

This requirement helps ensure that malpractice lawsuits are supported by expert medical opinions before they proceed in court.

Modified Comparative Negligence — 735 ILCS 5/2-1116

Illinois follows a modified comparative negligence system, which means compensation may be reduced if the injured patient is partially responsible for the harm. Under 735 ILCS 5/2-1116, a plaintiff may recover damages as long as their share of fault does not exceed 50 percent. The statute states:

“The plaintiff shall be barred from recovering damages if the contributory fault… is more than 50% of the proximate cause of the injury or damage.”

If a patient is found partially responsible for the injury, the total compensation may be reduced by their percentage of fault. For example:

• If a patient is awarded $500,000 in damages but found 20% responsible, the recovery would be reduced to $400,000.

• If the patient is more than 50% responsible, Illinois law prevents recovery entirely.

In medical malpractice cases, defendants sometimes argue that a patient contributed to the injury by failing to follow medical instructions, missing appointments, or not reporting symptoms promptly. The comparative negligence rule allows courts to evaluate each party’s role in causing the injury when determining the final amount of damages.

What Damages Can You Recover in an Illinois Medical Malpractice Case?

Victims of medical malpractice in Illinois may be entitled to recover damages for both financial losses and the personal harm caused by negligent medical care. The purpose of these damages is to help patients recover from the physical, emotional, and financial consequences of a preventable medical injury. Illinois law generally allows recovery for two main categories of damages: economic and non-economic.

Economic Damages

Economic damages compensate victims for the financial losses directly related to the malpractice. These losses are often supported by documentation. Examples include:

• Past medical expenses related to the injury

• Future medical treatment and long-term care

• Rehabilitation and physical therapy costs

• Prescription medications and medical equipment

• Lost wages during recovery

• Reduced earning capacity if the injury prevents a patient from returning to work

In serious malpractice cases, victims may require lifelong medical care, home health assistance, or specialized medical equipment. These costs can significantly increase the value of a claim.

Non-Economic Damages

Non-economic damages compensate victims for the physical and emotional effects of medical malpractice that are not easily measured in financial terms. These damages may include:

• Physical pain and suffering

• Emotional distress

• Loss of enjoyment of life

• Disability or permanent impairment

• Scarring or disfigurement

• Loss of consortium affecting a spouse or family relationship

Serious medical injuries can permanently affect a person’s quality of life. 

Wrongful Death Damages

When medical malpractice results in a patient’s death, surviving family members may pursue compensation through a wrongful death claim. These cases may allow recovery for losses experienced by the family, including funeral expenses and the loss of companionship or support.

Proving a Medical Malpractice Claim in Illinois

To succeed in an Illinois medical malpractice claim, a patient must demonstrate several legal elements:

• First, the patient must show that a doctor-patient relationship existed, which establishes that the medical provider owed a duty of care.

• Second, the patient must demonstrate that the provider breached the accepted medical standard of care. The standard of care refers to the level of treatment that a reasonably competent medical professional would provide under similar circumstances.

• Third, the patient must prove that the provider’s negligence caused the injury. This means showing that the injury would not have occurred if the medical provider had followed the appropriate standard of care.

• Finally, the patient must show that the negligence resulted in actual damages, such as medical expenses, lost income, or physical suffering.

Expert medical testimony is often required to explain how the provider’s conduct differed from accepted medical standards. Experts may review medical records, diagnostic tests, surgical notes, and hospital procedures to determine whether negligence occurred.

How Long Do I Have to File a Medical Malpractice Claim in Illinois?

There is a statute of limitations in Illinois, and you need to work with a medical malpractice attorney to explore your options within two years of the injury or whenever you discover that injury. This is not something you want to put off, as even a valid case may be impossible if you’ve missed the statute of limitations, meaning you would miss out on the compensation that you deserve.

Each medical negligence case is different, and our personal injury lawyers will analyze your case to see what sort of compensation will be available to you under Illinois law. Injuries can range from serious side effects of medication to death — contact a Chicago wrongful death lawyer today to get the justice your loved one deserves.

Insurance companies frequently fight these claims, making it difficult for you to recover compensation. You may have huge medical expenses and a complicated legal battle ahead when you suffer injuries because of medical malpractice. Our injury attorneys can help you fight back.

If you believe a claim may exist, photos preserving the condition at the time of the injury can be invaluable.

“Mark Karno and his attorneys get the job done.”

Mr. Mark Karno, and his attorneys get the job done. I most definitely will go back if I have another issue. THANK VERY MUCH

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Steps To Take If You Are a Victim of Medical Negligence

If you believe that a medical professional’s negligence caused your injury, taking the right steps can help protect your legal rights.

• Seek medical attention: Your health should always be the top priority. If complications arise after a medical procedure, obtain treatment immediately.

• Request your medical records: Medical records can provide important information about the treatment you received and may help identify errors.

• Document your symptoms and recovery: Keeping notes about your symptoms, medical visits, and treatments can help create a timeline of events.

• Preserve evidence: Photographs of injuries, prescription information, and medical bills may become critical evidence in a malpractice claim.

• Consult a Chicago medical malpractice attorney: An experienced attorney can evaluate the facts of the case and explain your legal options.

Medical malpractice cases can be complicated, but taking action early may help ensure that important evidence is preserved and that the responsible parties are held accountable. 

Do You Need Help With Your Medical Malpractice Case?

When you or your loved one is seriously injured by negligent medical professionals or providers, it is normal to feel betrayed and angry. An experienced medical malpractice lawyer can help you understand your legal options and move forward with your legal case.

Hospitals, physicians, and insurance companies frequently have legal teams working to defend these claims. Having an attorney involved early in the process can help ensure that important evidence is preserved and that your rights are protected. A medical malpractice lawyer can review medical records, consult with qualified medical experts, and build a case that demonstrates how the provider’s actions or omissions caused the injury.

Legal representation may also help protect you from dealing with insurance companies and hospital representatives that often attempt to minimize their responsibility or dispute the extent of injuries. An attorney can handle all communications, negotiate on your behalf, and pursue compensation through settlement negotiations or litigation if necessary.

How Much Does a Chicago Medical Malpractice Lawyer Cost?

Most Chicago medical malpractice lawyers handle these cases on a contingency fee basis, including the law firm of Mark L. Karno & Associates, LLC. Contingency fee agreements allow injured patients to pursue medical malpractice claims without paying large legal costs out of pocket. Under this arrangement, clients typically do not owe attorney’s fees unless a settlement or court award is obtained. 

During an initial consultation, an attorney can explain how fees work and discuss the potential costs involved in pursuing the claim. Many firms offer free consultations so potential clients can learn about their legal options before deciding how to proceed.

Contact Us For A Free Consultation

If you or your loved one suffered injuries at the hands of a doctor or other medical professionals, contact the law firm of Mark L. Karno & Associates, LLC to talk with an experienced lawyer about your potential medical malpractice lawsuit. Our offices are conveniently located in Chicago .

We take all injury cases on a contingency fee basis. There are no attorneys’ fees unless we recover compensation on your behalf.

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