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Schaumburg surgical malpractice attorneysMost people are nervous before going into surgery. This is certainly understandable. There are countless things that could go wrong during a surgical procedure, and a successful outcome is never guaranteed. While some negative surgical outcomes are unavoidable, other times, a patient’s injury or death during surgery is the result of medical malpractice. If you or a loved one were the victim of a surgical error, you may be entitled to financial compensation through a medical malpractice claim.

Medical Standard of Care

A surgeon, just like other medical professionals, has a duty to provide reasonably skilled medical treatment to the patients in his or her care. A surgeon fails to uphold this crucial duty if he or she provides treatment that violates the medical “standard of care.” The medical standard of care is the type of care that a medical professional of similar training and status would have provided in a comparable situation. In most medical malpractice claims, medical authorities offer expert opinions about whether the physician, surgeon, or other medical professional in question violated the medical standard of care.

Types of Surgical Mistakes That May Lead to Medical Malpractice Claims

Surgeons, like everyone else, may make mistakes from time to time. However, some mistakes are so egregious that they are unforgivable. One of the most disturbing examples of these so-called “never events” occurs when an item used during surgery is left inside of a patient’s body. Other examples of surgical errors that may often lead to medical malpractice claims include:

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Schaumburg car crash injury lawyerAccording to Illinois law, driving with a “willful or wanton disregard” for others’ safety is considered reckless driving. Unlike speeding or other minor traffic infractions, reckless driving is a criminal offense. If you were or a loved one were hurt in a car accident caused by a reckless driver, you may be eligible for financial compensation. The type of compensation you may be entitled to will depend on the circumstances of the accident, the severity of your injuries, and the costs incurred by these injuries.

Establishing the Reckless Driver’s Negligence

Criminal charges may bring a reckless driver to justice, but they do not provide restitution to the parties injured by the reckless driver’s actions. If your car accident was caused by a driver who was charged with reckless driving, you may bring a civil claim for damages against the driver in addition to the criminal charges he or she faces. However, a criminal conviction is not needed to recover compensation through a civil claim. You may still be entitled to financial compensation even if the driver was not charged or convicted of reckless driving.

To obtain compensation, you and your attorney will need to prove that:

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Arlington Heights personal injury attorneysPharmacies have the exceptionally important responsibility of filling patients’ prescriptions and dispensing medication. If a pharmacist or other pharmacy worker makes a mistake, it is possible that a patient could receive the wrong medication or the wrong dosage of medication. This may lead to serious or even fatal consequences. If you or a loved one were harmed because of a pharmacy error, you may have a valid medical malpractice claim.

Common Types of Pharmacy Mistakes

When patients take a prescription to the pharmacist to have it filled, most trust that they will receive the correct prescription in the dosage ordered by their doctor. Unfortunately, pharmacists sometimes make mistakes. If a patient does not recognize a pharmacy mistake before taking the medication, he or she may take a drug that leads to severe medical complications. Some of the most common pharmacy errors include:

  • Dispensing the wrong medication
  • Dispensing a medication in the wrong dosage
  • Giving the patient misinformation regarding the medication’s administration or dosage
  • Failing to account for drug interactions
  • Failing to account for patient allergies

Elements of Pharmacy Malpractice

If you or a loved one were the victim of a pharmacy mistake, you may be wondering what your legal options are. In order to bring a successful pharmacy malpractice claim and recover financial compensation, four main elements must be present:

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Arlington Heights car accident attorneysIf you were hurt in an auto accident caused by the negligent, careless, or wrongful actions of another party, a personal injury claim may enable you to recover compensation for your damages. Many people who are interested in bringing an injury claim after a car accident worry about how their own actions may influence the viability of their claim. Fortunately, it may be possible to bring a successful Illinois injury claim and recover financial compensation even in cases involving shared fault.

What If I Contributed to My Own Injuries?

Some people assume that an injured person cannot bring an injury claim and collect damages if he or she worsened his or her injuries in some way. For example, a person who sustains a severe head injury in a car accident may assume that he or she does not have a valid injury claim because he or she was not wearing a seatbelt or was speeding at the time of the accident.

Illinois law allows injured claimants to bring a claim for partial damages as long as their contributory fault is 50 percent or less. This doctrine is known as “modified comparative fault” or “modified comparative negligence.” However, the claimant’s percentage of fault does reduce the damages he or she may be entitled to by the same percentage. For example, if you are found to be 10 percent at fault for your injuries, the amount of compensation you could recover is reduced by 10 percent. If your property damage, medical bills, lost wages, pain and suffering, and other damages amounted to $100,000, you could recover $90,000. If your fault is greater than 50 percent, you are barred from recovering compensation.

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Schaumburg personal injury attorney car accident

In 2018, alcohol was a factor in 27 percent of all fatal car accidents in Illinois, resulting in hundreds of deaths, and many more people were injured in non-fatal crashes involving alcohol. Drunk drivers in Illinois often face serious criminal charges to deter them from continuing to endanger others on the road, but this does not necessarily mean that they are required to make amends to the people whom they have harmed. If you or a family member has been injured in an accident caused by a drunk driver, your best chance at compensation is to work with a reputable attorney to file a personal injury or wrongful death lawsuit.

Demonstrating Negligence in an Illinois Drunk Driving Accident

In most personal injury cases, obtaining compensation through a settlement or verdict is dependent on your ability to show that another party was negligent. This means that their behavior failed to account for their duty of care to you, and subsequently caused an accident resulting in your injuries and other damages.

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