Coping with a serious injury is emotionally devastating, not only to those living with such injuries, but also for their family and loved ones. Unfortunately, the financial hardship of medical treatment can be equally difficult to bear. If you or a family member has been paralyzed as a result of medical malpractice or other accident, you may have a claim for damages against the party responsible. The legal team at Leopold & Associates is here to help. Our Chicago attorneys have over three decades of experience in personal injury and medical malpractice law, and have represented clients from all over Cook County and Illinois in pursuing their claims.Paralysis Caused by Medical Negligence
Paralysis is most frequently caused by damage to the nervous system, usually the spinal cord. When such damage is caused by a doctor treating a patient, the question of whether medical malpractice has occurred is often a complex legal matter. Common medical situations where paralysis has been caused due to the negligence of heath care providers may include childbirth, surgery, and the failure to diagnose medical conditions.
Medical malpractice is a legal term for professional negligence, in which a health care practitioner provides treatment that is below the acceptable standard of the medical community, and as a result, causes injury to the patient. In a medical malpractice suit, the four elements of duty, breach, causation, and damages must be proven in order for a plaintiff to succeed. In physician-patient relationships, the treating physician has a duty to act in accordance with specific standards or norms established by the medical profession in that field and location of practice. A physician breaches that duty when he or she fails to act according to those generally accepted medical standards. In addition, the patient’s injury must have been caused by the physician’s actions, and the patient must have suffered damages due to the injury. In Illinois, a report from a health professional affirming the reasonableness and merit of the claim is required to file suit. 735 ILCS 5/2-622.
Generally, a malpractice lawsuit against a physician, hospital, or other health care provider must be filed within two years from the time that the patient knew or should have known of the injury, and no more than four years after the date of the action causing the injury. There are, however, other exceptions such as if the injury occurred when the patient was a minor, or if the patient was under a legal disability. Speaking with an experienced attorney as soon as possible can help you determine whether your claim may be timely filed. 735 ILCS 5/13-212.Paralysis After a Car Collision
If paralysis occurred after a car or motorcycle crash or other accident caused by a negligent party, you may be able to file a personal injury suit to recover compensation for your injury. Such claims are typically brought under the legal theory of negligence and require that the claimant prove the same four elements of duty that apply in medical malpractice cases: duty, breach, causation, and damages. However, the applicable standard is more general, and mandates that the duty of an individual is to exercise reasonable care towards others. The claimant must prove that the defendant failed to exercise care through his action or, in some cases, inaction, which then caused the injury. Finally, the claimant must show that he suffered a loss as a result of the injury, which may include economic and non-economic damages. In Illinois, the statute of limitations generally provides that any personal injury claims arising out of a motor vehicle collision must be filed within two years of the date of the accident. However, exceptions, such as a mental disability or age may extend the statute of limitations. 735 ILCS 5/13-202.Experienced Legal Representation for Victims in Chicago
If you have been injured due to the negligent actions of a physician or driver, you may be entitled to compensation. The lawyers at Leopold & Associates in Chicago have the resources and legal skill needed to pursue your personal injury or medical malpractice claim. We are proud to serve clients throughout Cook County, Illinois, including in Hyde Park, Harvey, Chicago Heights, Evanston, Northfield, Skokie, Downers Grove, Wheaton, and Naperville. To set up your free consultation, contact Leopold & Associates, LLC today by phone at (312) 781-6212 or online.