Sangamon County Medical Malpractice Lawyer

Attorneys for Birth Injuries, Surgical Errors, and Doctor Negligence in Springfield, Champaign, and Decatur

Medical professionals are required to complete years of education and training, obtain professional licenses, and stay up to date with the latest medical research and technologies. Because of this, you expect to receive high-quality care when you see a doctor or receive treatment in a hospital or emergency room. Unfortunately, doctors, nurses, and other medical personnel can make mistakes, and medical negligence can cause patients to suffer serious injuries or illnesses. When this happens, patients will want to work with a personal injury attorney to find out who was to blame for their injuries and hold those parties responsible for the ways they and their family have been negatively affected.

The law firm of Kanoski Bresney believes in providing our clients with compassionate, effective legal help in cases involving medical malpractice. We will work closely with you to determine why your injury occurred, who was responsible, how your life has been affected, and what forms of financial compensation you can receive. We strive to provide our clients with respect, response, and results, and we will do everything we can to make sure you are fully repaid for your injuries.

How Often Does Medical Malpractice Occur?

While inconsistent records and the lack of a uniform error reporting system make it difficult to determine the actual number of injuries caused by medical negligence, this issue is much more widespread than many people realize. Studies have shown that around 250,000 people are killed every year due to medical mistakes, making medical negligence the third leading cause of death in the United States. In addition, millions more people suffer non-fatal injuries due to medical malpractice, and they and their families often struggle to pick up the pieces after these types of life-changing events.

Patients can suffer serious injuries due to a wide variety of different types of medical negligence, including:

• Birth injuries - Mistakes made by doctors or nurses during pregnancy, labor, or delivery can cause serious birth injuries to babies, including brain injuries or fetal distress that can lead to developmental disorders such as cerebral palsy. Birth injuries to mothers can also be very serious, leading to chronic pain, disability, or wrongful death.
• Chiropractor malpractice - Back injuries or neck injuries can occur if a chiropractor does not follow the proper procedures when adjusting a patient's spine. Patients may also be injured if a chiropractor fails to perform a proper evaluation, refer a patient to a medical doctor when necessary, or inform a patient about the risks involved in a procedure.
• Doctor errors - Medical negligence by physicians or specialists may include the failure to consider a patient's medical history, failure to order or properly interpret medical tests, or performing unnecessary tests or treatment.
• Emergency room errors - Because ER staff are required to take quick effective action to administer treatment to patients, any mistakes made can have serious consequences. Understaffing at an emergency room or failure to properly prioritize patients can result in a person not receiving the treatment needed in time to prevent further injuries or complications.
• Failure to diagnose or delay in diagnosis - A misdiagnosis of a patient's condition or a failure to perform the correct diagnosis in time can result in an illness going untreated or a patient receiving the wrong type of treatment. In cases involving conditions such as cancer, heart disease, or stroke, a delay in treatment can cause a patient to experience serious injuries or wrongful death.
• Heart attacks - A patient can suffer serious harm if a doctor does not recognize the symptoms of a heart attack or provide the proper treatment in time to prevent further damage to the heart. These errors can occur if a doctor fails to properly consider a patient's medical history, perform the proper tests, administer blood-thinning drugs, or perform procedures such as angioplasties or bypass surgeries within the right amount of time.
• Infections - Patients may become infected by viruses or bacteria when receiving treatment at a hospital, emergency room, or doctor's office. Infections can be spread because medical staff did not wash their hands properly, sterilize instruments, or perform the proper procedures when treating wounds.
• Medication errors - Mistakes may be made when doctors prescribe medication, when pharmacists fill prescriptions, or when medical personnel administer drugs. In these cases, patients may be injured due to an allergic reaction, an interaction with other medications, an overdose, or a failure to receive the necessary medications to treat their condition.
• Nursing errors - Patients can suffer serious injuries if nurses at hospitals or emergency rooms do not monitor their condition, fail to report medical issues to doctors, or do not advocate for their patient's best interests. In many cases, nursing errors occur because of improper training, understaffing at a medical facility, or fatigue due to working overly long hours.
• Surgical errors - Patients may be injured during surgery because a surgeon did not operate on the right part of the body, due to problems with anesthesia, because foreign objects were left inside their body, or because a surgeon made mistakes such as accidentally cutting an artery or nerve.

How Can I Show That I Was Injured By Medical Malpractice?

To receive financial compensation for an injury caused by medical negligence, you will usually need to demonstrate all of the following:

• Doctor-patient relationship - You must have had an agreement or understanding that a doctor, nurse, or other medical provider would provide you with treatment or medical care. This establishes a duty of care that requires a medical professional to meet certain standards when providing treatment.
• Breach of standards of care - A medical malpractice claim must show that a medical provider did not take the same actions that a reasonably competent professional with similar education and experience would have provided in the same situation.
• Injuries caused by the breach of duty - You will need to show that a provider's failure to follow the standards of care was a direct cause of the harm you have suffered.
• Damages resulting from the injury - You must have experienced financial, physical, or emotional harm due to the injury that was caused by medical negligence.

Who Is Liable for Injuries Caused by Medical Malpractice?

The person or organization who was responsible for your injuries may be held liable, meaning they may be required to pay you financial compensation for the damages you suffered as a result of medical malpractice. If an individual doctor or nurse committed medical negligence, their employer, such as a hospital or another medical facility, may be held liable. However, many medical providers operate as independent contractors rather than employees, and this can make it difficult to determine liability.

A full investigation of the circumstances surrounding an injury may be needed to establish liability. Multiple parties may be found to be liable, including the person who committed an error that caused an injury and a facility that did not address staffing issues or disciplinary concerns. Both medical personnel and facilities may have malpractice insurance policies, and an investigation into your case can determine the full extent of your damages, ensuring that you can receive an insurance payout or settlement that will meet your needs.

What Types of Damages Can I Receive for a Medical Malpractice Injury?

Many cases involving medical negligence are settled out of court through negotiations with an insurance company, but in other situations, a jury trial may be necessary. The average award in an out-of-court settlement is around $425,000. While trials will take longer to complete, they often result in higher amounts of compensation, with the average jury verdict being over $1 million.

The actual value of your case will depend on the specific types of damages you have suffered as a result of your injuries. You should be fully repaid for all of the medical treatment you have received for your injury, as well as future treatment and therapy and any expenses related to a disability, such as modifications to your home or vehicles or assistive devices such as wheelchairs or artificial limbs. You should also receive compensation for any income you were unable to earn while recovering from your injury and any impairment to your ability to earn an income in the future. You can also pursue payments to address your pain and suffering, your loss of enjoyment of life, and emotional distress for you and your family.

How Can a Bloomington Medical Malpractice Attorney Help With My Case?

At Kanoski Bresney, we have more than 40 years of experience representing clients in medical malpractice cases and other types of personal injuries, and we have secured over $400 million for victims through both jury verdicts and out-of-court settlements. With our knowledge, skill, experience, and reputation, we can fully investigate your case and gather the necessary evidence to show that you were injured due to medical negligence, and we can negotiate effectively with large insurance companies or attorneys representing major medical providers. We will fight to make sure you are fully compensated and help you achieve results that will provide for your family's ongoing needs.

We operate on a contingency fee basis, which means you will not be required to pay any up-front costs or legal fees. We will cover all of the expenses related to investigating your injury and pursuing your case, and we will only collect legal fees if we win your case and secure compensation on your behalf. To learn more about how we can help you address medical malpractice injuries, contact our office by calling 888-U-COUNT-2 or 888-826-8682 to set up a free consultation. We serve clients throughout central Illinois, including Sangamon County, Champaign, Bloomington, Peoria, Macomb, Quincy, Tazewell County, Springfield, Macon County, Adams County, Champaign County, McDonough County, Rushville, Peoria County, Pekin, Decatur, McLean County, and Schuyler County.