Medical Malpractice Attorney Chicago, Il - Defending Your Rights

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Firm Overview

At Hampton and Hampton, our legacy of achievement in medical malpractice is founded on a bedrock of deep expertise. With decades of devoted practice in this intricate area, our experienced medical malpractice attorneys in Chicago, IL, offer a rich repository of knowledge, insights, and a history of securing positive outcomes for our clients. When you select us, you choose a legal team endowed with a profound grasp of the nuances of medical malpractice cases.

From your first meeting with us to the ultimate resolution of your case, we emphasize transparent communication, ensuring you feel informed, empowered, and supported throughout the journey. We guide your case with honesty, with every move driven by a dedication to fairness, justice, and your ultimate well-being.

Understanding Medical Malpractice

Trust is the cornerstone of healthcare. Sadly, medical professionals sometimes break this trust, leading to medical malpractice. At Hampton and Hampton, we see informing you as the first step towards getting justice.

What is Medical Malpractice?

Medical malpractice happens when a healthcare worker responsible for your care does not uphold the required standards of care, causing injury to the patient. It’s identified by the healthcare provider’s actions or failures that fall short of the expected standards of care, leading to injury or even death. This concept allows for legal action against healthcare professionals for negligence that results in harm. Such standard care breaches can occur in different healthcare environments and involve various medical professionals like doctors, nurses, and surgeons.

Elements of a Medical Malpractice Claim

To win a medical malpractice case, the patient (plaintiff) needs to prove these key points:

1. Duty of Care

Medical professionals must follow a recognized standard of care in their field to keep patients safe and healthy.

2. Breach of Duty

This occurs when a healthcare worker doesn't meet the established standard due to carelessness or not taking necessary action.

3. Causation

It's vital to show a clear connection between the healthcare provider's failure and the injury or harm caused to the patient.

4. Damages

The patient needs to have suffered identifiable harm—physical, emotional, or financial—because of the medical professional's negligence.

Understanding medical malpractice and knowing your rights as a patient empowers you to make informed decisions about your healthcare and ensures accountability in medical procedures.

Common Types Of Medical Errors

Medical mistakes can occur in various ways and might be classified as medical malpractice under specific conditions. Below are frequent types of medical errors that could lead to malpractice claims:

1. Misdiagnosis or Delayed Diagnosis

Failing to interpret test results or symptoms correctly can cause wrong or delayed diagnosis, leading to missed or late treatment.

2. Surgical Errors

Errors made during surgery, like operating on the incorrect part, leaving tools inside the patient, or performing an incorrect operation, can have serious consequences.

3. Birth Injuries

Negligence during childbirth that harms the baby or mother, such as poor monitoring or delivery mistakes, may qualify as medical malpractice.

4. Medication Errors

Giving the wrong medicine, the wrong dose, or mishandling a patient's medication plan can lead to harmful effects or worsen health problems.

5. Anesthesia Errors

Mistakes in anesthesia dosage or inadequate patient surveillance during an operation can cause severe outcomes, including brain injury or death.

Proving a malpractice case usually requires showing that the healthcare provider’s conduct fell below the expected standard of care and that this failure directly caused harm to the patient. Consulting with a legal expert specializing in medical malpractice is essential for evaluating the potential for a claim.

The Impact of Medical Negligence on Patients and Families

The consequences of substandard medical care deeply affect patients and their families. At Hampton and Hampton, we understand the significant personal and emotional strain that results from medical negligence.

This form of negligence can negatively impact patients’ trust and confidence in their healthcare providers. It often leaves patients and their families dealing with feelings of shock, anger, frustration, and deep disappointment while also disrupting their everyday lives.

Victims of medical negligence often deal with more than their initial health problems. Negligent care can lead to extra complications or injuries, resulting in extended pain, longer healing times, and even lasting harm. On top of the physical impact, the financial strain can be overwhelming. This includes increasing medical costs, the need for ongoing treatments, lost wages from missing work, and sometimes the necessity for permanent care. Such burdens can place immense stress on both patients and their families.

Services We Provide for Medical Malpractice Victims

Surgical errors

Delayed Diagnosis

Healthcare Provider Errors

Birth Injuries

Medication/Pharmaceutical Errors

Mistreatment of condition or negligently extensive treatment

Misdiagnosis or failure to diagnose a medical condition

Steps to Take if You Suspect Medical Malpractice


Understand the Statute of Limitations

Be aware of the specific time limit set by state law for filing a medical malpractice claim.


Gather Evidence

Compile important documents such as medical records, testimonies from witnesses, and expert opinions to build a strong case.


Prove Negligence or Wrongdoing

Utilize your gathered evidence to clearly demonstrate how the healthcare provider or institution failed to deliver adequate care or made errors.


Seek Legal Guidance

Utilize your gathered evidence to clearly demonstrate how the healthcare provider or institution failed to deliver adequate care or made errors.


Respect the Legal Process

File your claim with an emphasis on achieving justice and holding the responsible parties accountable for the negligence encountered.

How a Medical Malpractice Lawyer Can Assist in Your Medical Malpractice Case

Hiring a lawyer for a medical malpractice case is essential because of the legal and medical complexities involved. These cases require understanding specific legal standards and navigating intricate procedures. An experienced medical malpractice lawyer grasps the unique challenges of these claims.

Medical malpractice claims are subject to strict filing deadlines. A medical malpractice lawyer can ensure your claim is filed on time, preventing it from being dismissed due to procedural oversights. They conduct thorough investigations, collect evidence, consult medical experts, and prepare a strong case. This process involves securing medical records, interviewing witnesses, and scrutinizing the details of the alleged malpractice.

If your case goes to court, your lawyer will offer robust representation, arguing on your behalf to prove the healthcare provider’s negligence. They aim to secure fair compensation for your damages, including medical costs, lost income, pain and suffering, and any future care requirements. A skilled medical malpractice attorney will strive to achieve the best possible outcome for your situation, addressing both your immediate and long-term needs.

Seek Justice for Medical Malpractice

Have you or someone close to you suffered severe harm due to a medical professional's or facility's negligence? You might be entitled to a medical malpractice claim. Contact us now for assistance in evaluating your situation. At our firm, we collaborate with a committed group of medical malpractice attorneys and specialists who are ready to support your quest for rightful compensation.

Win the compensation you deserve

Hampton and Hampton Team of Lawyers

Frequently asked Questions

We’re proud that our firm offers highly skilled legal services. With us you’ll never feel like our lawyers and staff don’t value your needs. We’re here to help and value your business!

Medical malpractice is not uncommon. According to a study by John Hopkins, every year over 250,000 people die in the United States as a result of preventable medical mistakes, and thousands more are injured.

The same study concluded that medical errors are the third leading cause of death in this country. In addition, a national survey of American doctors published in Mayo Clinic Proceedings found that more than one-third, or 34%, of American physicians have been sued over allegations of medical malpractice, and nearly half of those (16.8%) have faced two or more lawsuits.

In order to have a medical malpractice claim, you must meet four criteria.

1. You must prove that the healthcare provider owed you a duty. In other words, you must show that you had a medical provider-patient relationship.

2. You must have substained injuries or have a loved one who has passed away as a result of the negligence of a doctor, medical professional, hospital, or health facility.

3. You must prove that the healthcare provider acted negligently. It is not enough to simply be the victim of a medical mistake. Doctors and medical professionals make mistakes, and this does not automatically make their behavior medical malpractice. For a medical error to rise to the level of malpractice, the medical professional must have breached the medical standard of care.

4. Finally, you must prove that the healthcare provider’s failure to provide appropriate care caused your injuries.

To recover medical malpractice damages, a client must prove that they were damaged by medical malpractice and that a dollar amount can be assigned to those damages.

There are several kinds of damages available including: general damages (physical and mental pain and suffering), loss of enjoyment of life, and disability or disfigurement, special damages (medical bills - past and future), and loss of past and future earnings, and wrongful death damages.

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