Surgical errors are one of the most common types of medical malpractice. When mistakes happen during surgery, the consequences can be dire for patients. Those responsible for causing the error should be responsible for the damage they have done.
Gill Ports Hoste LLC can help you to take legal action for medical negligence when a surgeon makes mistakes.
We have recovered over $500 million in compensation for our injured clients, including winning many multi-million dollar verdicts and settlements in malpractice claims. We know what’s involved in winning a surgical error claim, and we’re prepared to help you put together the strongest claim possible.
To learn more about how a Chicago surgical errors lawyer can help you, give us a call or contact us online today to schedule your free consultation.
What do you need to do to win a surgical error case?
If you want to recover compensation for a surgical error, you’ll need to follow basic requirements, including:
- Filing a medical malpractice claim within two years of discovering the injury, as established by 735 ILCS 5/13-212.
- Providing a written opinion from a healthcare professional supporting the claim, as required by 735 ILCS 5/2-622
- Proving the four required elements of a malpractice claim, including that the surgeon or other care provider owed you a duty of care, failed to fulfill the duty, hurt you as a result of the failure, and caused you to suffer damages that you can be compensated for.
Surgeons have a duty to provide a professional level of care, which means they must be at least as competent in their treatment as a reasonable surgeon with similar training would be.
Acts or omissions that fall short of the acceptable standard of care are considered negligent, and negligence gives rise to legal liability.
How can an attorney help you win your surgical error case in Chicago?
Gill Ports Hoste LLC can provide you with the help and support you need to maximize your chances of winning a surgical error case. A specialized medical malpractice lawyer in Chicago will:
- Assist you in gathering medical records and other evidence demonstrating the quality of, and the issues with, the treatment the surgeon provided
- Help you to prove that the surgeon breached the professional standard of care, or failed to live up to it, by providing treatment that no competent surgeon would.
- Work with you to identify all defendants, as sometimes the hospital or clinic employing the surgeon can be liable for the negligence of the doctor they employ. Hospitals and clinics may be held responsible for losses under vicarious liability rules, which treat employees as agents of their employers.
- Present a strong claim to an insurer during settlement or in court so you can maximize the chances that the surgeon will be found negligent and that you’ll receive full compensation for damages.
In some cases, it’s easy to prove the surgeon fell short. If your surgeon operated on the wrong body part, for example, or the wrong patient, these are “never’ events. They should never happen, and it’s presumed your surgeon was negligent in order for them to occur.
In other situations, you may need to present a lot of technical evidence about what went wrong. Gill Ports Hoste LLC can help you determine what you need to do to win and work with you at each step to maximize the chances of a favorable outcome.
Contact a Chicago surgical errors lawyer today
Gill Ports Hoste LLC has won many cases for victims of medical malpractice, and we’re ready to put our legal knowledge and experience to work to recover compensation for you when a surgeon failed you. Give us a call today or contact us online to schedule your free consultation and learn more about the representation we can offer.