When we undergo a surgical procedure, we expect medical personnel to provide acceptable care. Sometimes, a procedure does not go our way, and there is no one to blame. In other instances, a procedure does not go our way, and it could have been avoided. In these instances, the first question we usually ask is, “How did this happen?” It’s a reasonable question, and we deserve an answer. Surgical mistakes can create lifelong complications, severely impact quality of life, and breed astronomical medical bills. If you have been injured as a result of a surgical error, we at the Law Office of Paul M. Marriett can help get you the answers you seek and the compensation you deserve.
Types of Surgical Errors
Surgical errors can occur when a medical professional:
- Operates on the wrong side of the patient’s body
- Operates on the wrong patient
- Operates on the wrong body part
- Incorrectly administers anesthesia
- Leaves surgical tools inside the patient’s body
- Injures another part of the patient’s body
- Fails to properly sanitize
The consequences following a surgical error can range in severity. Some common complications include brain damage, loss of the use of a limb, infections, death, or ongoing medical care.
Under Illinois law, if you or a loved one has a claim for a surgical error, you may be entitled to reimbursement of medical expenses, or compensation for pain and suffering, disability, disfigurement, permanent impairment, and loss of earning potential. Consulting an attorney early on in your case is the best way to ensure that your losses have been properly documented so that you receive fair value for your claim.
Statute of Limitations
Illinois sets a time limit of two years to file a surgical error lawsuit in the state’s civil court system. In most cases, this two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident. Sometimes, however, a statute of limitations might run from the date that you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
For injury claims against a city or county, you have one year to file a lawsuit. The time limit to sue the state is generally two years, but you must file a formal claim within one year in order to sue.
A qualified personal injury attorney can help guide you through this difficult time and alleviate some of the stress.
For a confidential, compassionate, in-depth, free, and, most importantly, thorough consultation with a Rockford Personal Injury Lawyer about your surgical error medical malpractice case in Rockford, Belvidere, Freeport, Rochelle, Oregon, Loves Park, Byron, Machesney Park, Roscoe, Rockton, or elsewhere in the State of Illinois, call or text message us at (815) 391-0089, or e-mail us 24/7/365. We offer in-office consultations, and routinely make visits to clients’ homes, hospital rooms, nursing homes, and other off-site locations to make retaining our services as easy as possible.