We should all be in awe of the latest advancements in medical technology. Lasers can fix our eyes to where glasses and contacts are no longer needed. These cutting rays of light are used to successfully treat medical ailments from kidney stones, to tumors, to even cosmetic issues like varicose veins. Unfortunately, no treatment is without its risks. One family in Peoria Illinois found this out firsthand.
In the summer of 2012, a patient in her mid-60s was undergoing what should have been a routine operation to remove her pacemaker. A laser was being used to do so. At some point during the operation, there was a mishap and the laser zapped holes in the her heart and blood vessels. Sadly, she died.
How does one put a price tag on a life? What amount of money will compensate a family for the negligent loss of a loved one? Those are the very questions facing juries across the U.S. In this particular instance, the answer that came back was $2.5 million.
Malpractice Laws in Illinois
There is a strict statute of limitations in Illinois when it comes to filing medical malpractice claims. A statute of limitations is a law imposing a strict time-frame in which to file a lawsuit. In Illinois that deadline is two years from when the plaintiff/patient knew or should have known of the malpractice. There are other rules to be aware of when pursuing medical malpractice claims. For instance, Illinois does not recognize punitive damages (monies awarded to the plaintiff that are designed to punish the offending party). The state also recognizes a legal concept called joint and severable liability. Plaintiffs who the court deems to be 25% at fault or less for the medical mishap at question are proportionally responsible for their damages. They also have a comparative negligence factor wherein if the plaintiffs’ fault is greater than 50%, they are not able to recover any damages.
We can Help With Your Medical Malpractice Claim
Medical malpractice can destroy your life and lives of your loved ones. Breadwinners can be torn from desperate families, spouses, and even precious children can be thrown into danger. Do not endure the havoc and heartbreak of medical practice alone. Medical bills, unpaid time off work, and other bills piling up are just a few of the trials and tribulations facing those harmed through malpractice, not to mention pain and suffering.
While there are many rules governing who can get compensation and how, there are fierce advocates for patients’ rights who will help you seek the compensation you need. Our legal professionals at Newland & Newland are here to help, 24 hours a day, seven days a week. Contact our office for a free consultation, and let us evaluate your case. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.
(image courtesy of Piron Guillaume)