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Chicago Medical Malpractice Attorney

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Sometimes the care you receive from a doctor or hospital can go terribly wrong. Let Smith LaCien LLP, help you untangle the truth and find out if your case was handled properly by your medical providers, or if the harm could have been prevented. We have helped clients throughout Illinois.

Holding The Right People Accountable

When we seek out help from medical professionals, we expect to be taken care of. When they act in a negligent manner, it can have a massive impact on all areas of your life. Their carelessness can result in catastrophic injuries that leave you suffocating under medical bills or unable to work. We can help you hold the negligent party accountable. You and your loved ones deserve justice, and we are here to accomplish that.

Many people never think they will find themselves in this situation. When they are, they aren’t sure what legal rights they have. We can explain all of the options you are facing and discuss what is in your best interest. Our goal is to make sure that you have the information needed to make the right decision for your future. We will hold the nurses, doctors, and medical facilities accountable for their unnecessary mistakes. We will act as your fiercest advocate from beginning to end.

What is Medical Malpractice?

When you are under the care of a medical professional or health care facility, you trust that they will treat you according to the expected standard of care in your case. When your doctor or health care facility fails to meet the standard of care in your treatment and that failure causes injury, they can be held liable for medical malpractice.

If you have been a victim of medical malpractice, you may seek damages for your injuries through a medical malpractice action. In order to have a valid medical malpractice claim, the victim must show:

  • The victim was under the doctor’s care and the doctor owed them a duty of care;
  • The acceptable standard of care by which the doctor’s treatment was measured;
  • The doctor deviated from the standard of care; and
  • The doctor’s deviation was the proximate cause of the victim’s injury.

An acceptable standard of care is key to assessing the doctor’s actions in a medical malpractice case. In assessing the standard of care, the defendant’s actions will be viewed in light of the actions that a doctor with similar skills and experience in good standing would use in a similar case.

How Much Time Do I Have to Make a Medical Malpractice Claim in Illinois?

If you have suffered an injury as a result of substandard care by your doctor or other health care professional, you have a limited time to take legal action. Under Illinois law, a medical malpractice action must be brought within two years after the date on which the victim knew or should have known of their injury or death related to medical error. However, regardless of when a victim becomes aware of their injury, no medical malpractice action can be brought after four years from the date of the medical error that caused the victim’s injury or death.

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What Damages Can I Claim in a Medical Malpractice Lawsuit?

In a medical malpractice action, you may make claims for your economic and noneconomic damages. Your economic damages are tangible losses such as past and future medical expenses, lost wages, and other tangible losses that can be objectively determined. Noneconomic damages are intangible losses such as pain and suffering, loss of consortium, and disability.

Prior to 2010, there was a limit on the amount of non-economic damages that a victim could claim. Those limits have been declared unconstitutional by the Supreme Court of the State of Illinois. Now, there is no cap on the number of damages a victim of medical malpractice can claim. Nevertheless, the value of the damages in your claim must be supported by sufficient evidence.

Smith LaCien LLP understands how important it is to get you full compensation for your damages and we will work tirelessly to achieve the results you deserve. We are leaders in the field of medical malpractice and have obtained major verdicts and settlements for our clients, including a $20 million settlement for a college student who suffered brain damage while undergoing heart surgery.

Call Today For The Representation You Deserve

If you believe you are a victim of medical malpractice, it is important to contact an experienced attorney as soon as possible. The longer you wait, the higher the chance that these medical professionals will take advantage of more innocent victims. Call our office in Chicago today at (312) 509-8900 to learn more about how we can help. You can also email us.

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