All health care providers are required to follow certain standards in the treatment and care they provide.  When they fail, either negligently or intentionally, to comply with these standards, and a patient sustains an injury, illness, or death as a result, the injured party may have a claim for medical malpractice.  It is important to realize that not every mistake by a medical professional will constitute legally actionable malpractice.  However, a phone call to GWC will allow our experienced attorneys to assess your situation and protect whatever legal rights you may have under the circumstances.  Illinois’ medical malpractice laws allow victims to recover compensation for medical bills and time off work, and also for pain and suffering, disability and disfigurement. 

At GWC, our medical malpractice attorneys understand how to litigate malpractice cases to recover maximum compensation. We can quickly assemble your medical records, and those of the practitioner or hospital, for compulsory review by the appropriate healthcare experts as specified by law. We will help you find and interview witnesses to help prove deviation from the applicable standard of care. Equally importantly, we will guide and support you and your family throughout the litigation process. If you are seeking an Illinois medical malpractice law firm that will help with every aspect of your case, look no further than GWC.

The following is a list of some of the more common types of medical malpractice.  Please note that the list is by no means exhaustive.  You should also know that in addition to the standards governing doctors, nurses and hospitals, there are similar standards of care applicable to other medical professionals such as dentists, chiropractors and podiatrists.  The attorneys at GWC are happy to assist you with any type of medical malpractice question, whether it falls into any of these categories or not, and regardless of the medical discipline that is involved.

Birth and Post-Partum Injuries/Pregnancy Complications

Medical errors and oversights that occur during pregnancy or delivery, or in the period following childbirth (the “post-partum” period), can have a devastating and lasting effect on a family.  Such errors can result in irreversible injuries to mother, baby or both – which, in turn, lead to enormous financial and emotional strains on the entire family.  The attorneys at GWC are dedicated to procuring justice for the victims of pregnancy complications, birth injuries and post-partum injuries, and helping them obtain compensation to the fullest amount allowed by law.  Pregnancy, post-partum and birth related injuries and conditions that may be attributable to medical negligence include:

Miscarriage. “Miscarriage” is the term most commonly used to refer to the tragic situation in which an unborn baby dies while still in the mother’s womb.  Some miscarriages are unpreventable.  However, others might be avoided by your medical professionals’ prompt identification and management of certain known risk factors, such as pre-eclampsia (a pregnancy-related condition discussed below) and gestational diabetes (a specific type of diabetes that develops during pregnancy).      

Cerebral Palsy.   Cerebral palsy is an incurable muscular disorder that appears at birth or in the first few years of life.  Symptoms may include learning disabilities, an asymmetrical walking gait, speech impairments and seizures.  This condition requires long-term medical care. Usually, cerebral palsy results from a brain injury before, during or shortly after birth.  While in many cases, it is difficult to pinpoint what caused such an injury or whether it might have been prevented, the possibility of medical negligence should be explored, as it certainly can be a contributing factor.   

Pitocin Errors.  Pitocin is a drug that is used to induce labor contractions and/or speed up the delivery of a baby.  Although safe when used correctly and in appropriate doses, Pitocin works by decreasing the blood and oxygen supply to the uterus.  As a result, overuse of the drug and/or failing to perform proper electronic fetal monitoring during its use can result in permanent injuries, such as cerebral palsy (see above).  The mother can also suffer the consequences of Pitocin errors; uterine rupture – a potentially fatal condition discussed below – is one example.

Cesarean Section Errors.  Sometimes, health concerns pertaining to mother, baby or both dictate that a baby be delivered by way of a Cesarean section (“C-section”).  Doctors and nurses need to be able to recognize and act upon signs that suggest the necessity for a C-section.  When they do not do so, or do so too late, the baby may suffer brain damage or death.  In other instances, C-sections may be performed in time, but improperly.  A C-section is a delicate operation, and when mishandled, can result in serious injuries to mother, baby or both.   

Brachial Plexus Injuries.  The brachial plexus is a group of nerves that controls the use of the shoulder, arm and hand.  These nerves can be damaged during vaginal delivery when, for example, the mother has a small pelvis or the baby is 10 pounds or larger – factors that generally indicate the need for a Cesarean section (see above).  The injury typically happens when one the baby’s shoulders becomes trapped behind the mother’s pubic bone (shoulder dystocia).  A range of complications can result from an injury to the brachial plexus, including Klumpke’s palsy, which limits one’s range of motion in the affected hand and/or wrist; and Erb’s palsy, in which the infant’s entire arm is compromised or paralyzed. 

Pre-Eclampsia.  Pre-eclampsia is a condition that develops during pregnancy or in the weeks after delivery.  It can affect the mother, the baby or both; and is characterized by such symptoms as high blood pressure and high amounts of protein in the urine.  Although common, it is dangerous and potentially fatal.  Because sufferers do not always exhibit outward symptoms, health care providers play a vital role in detecting the presence of the disease through routine blood and urine testing.

Uterine Ruptures.  A rupture (opening up) of the uterus during the late stages of pregnancy or during delivery can be fatal to an unborn fetus, and sometimes to the mother as well.  There are certain known predisposing factors to uterine ruptures, such when a woman has undergone prior surgeries to the uterus (including Cesarean sections, discussed above)) and when the fetus is abnormally positioned in the uterus.  The warning signs of a uterine rupture include vaginal bleeding, complaints of uterine pain by the mother, and fetal heart rate abnormalities.  Uterine ruptures are not always preventable, but severe consequences may be, depending upon how quickly the treating doctor recognizes the warning signs and takes the appropriate measures (usually an emergency Cesarean section).

Pediatric Negligence.  As discussed above, cerebral palsy and pre-eclampsia may develop during pregnancy or delivery, but can also have their onset during the post-partum period.  The blood disorder known as jaundice is another condition that is likely to develop after a baby has left the mother’s womb.  Left untreated, jaundice can result in permanent brain damage to a newborn.  Because infants cannot clearly express to us how they are feeling, doctors and nurses who are charged with their care must be vigilant in their testing and monitoring so as to recognize signs of these and other potential problems.  Although the diseases themselves are not always preventable, early detection and treatment can minimize their consequences. 

Diagnostic Errors

With many medical conditions and diseases, early and accurate diagnosis is the key to successful treatment.  Unfortunately, medical professionals sometimes miss early warning signs of a problem, resulting in a failure to diagnose.  In other instances, a diagnosis is given, but it is not the correct one (misdiagnosis).  As a result, patients may go for a period of time without any treatment; alternatively, they may receive inappropriate treatment, which at best is ineffective and at worst makes these patients even sicker than they initially were.  Even if the true problem is ultimately discovered (delayed diagnosis), this lapse of time can make the difference between life and death.

A misdiagnosis or a delay in diagnosis is not necessarily the product of medical negligence, but it certainly can be.  As an example, if your doctor elected not to order tests that were indicated by your symptoms and that would have helped pinpoint a correct diagnosis, you may have an actionable case of medical malpractice.  The same may be true if test results were misread, or if your doctor neglected to refer you to a specialist when the circumstances suggest that he or she should have done so. 

The attorneys at GWC are dedicated to procuring just compensation for people who have fallen victims to misdiagnoses or delayed diagnoses.  If such a tragedy has affected you or someone in your family, we welcome the opportunity to talk to you about it and offer our expert advice.

Mismanagement of Injuries or Medical Conditions

Sometimes medical providers will formulate an accurate and timely diagnosis, but fail to administer the appropriate treatment.  For instance, a doctor who has correctly diagnosed a patient might prescribe a type or dosage of medication that is not appropriate for a particular patient considering his or her age, medical history, et cetera.  Or medical providers may not be sufficiently thorough and vigilant in post-surgical care of a patient, resulting in a complication such as an infection.

These types of errors do not always cause serious or lasting damage; nor do they always rise to level of legally actionable negligence.  But if you have sustained a permanent or severe injury and suspect that your medical providers may have mismanaged your care, it is in your best interest to promptly consult an attorney who has experience in this area of law.  We at GWC can advise you what rights you may have and how we can help you protect them.

Surgical Errors

Surgery is an inherently risky procedure, and unfortunately, there are many things that can go wrong if the surgical team does not adhere to the proper standards.  Anesthesia may be over-administered, resulting in serious and permanent brain damage.  Surgical instruments can be left behind in the body, causing complications and necessitating additional surgeries.  Sometimes, surgeries are even performed on the wrong part of the body, causing a patient to needlessly incur additional expenses, lost time from work, and pain and suffering.   
If you or a member of your family has undergone a surgery and suspect malpractice, call GWC for a free consultation today.