Wrongful Death Attorneys
When an individual enters a hospital in Illinois, there is an implied trust in the care provided by medical professionals. Tragically, Chicago fatal medical errors do occur. According to the Institute of Medicine, thousands of fatal medical errors occur in hospitals and surgical centers nationwide each year.
Medical errors can be particularly devastating because many physician mistakes create the need for more tests and a longer hospital stay. Wrongful death attorneys know that the cause of the health problem is not always identified as medical malpractice, and in the event of a death, family members are left to pay medical expenses while dealing with grief from the loss.
Medical malpractice may be the result of a number of actions or inactions on the part of a physician, nurse or other health care worker, including the following:
- Prescription error
- Surgical injury
- Improper transfusion
- Mistaken patient identity
- Birth injury error
Intensive care units, operating rooms and emergency rooms are the most common hospital departments for patients to become victims of wrongful death medical malpractice. While most health care facilities have procedures in place aimed at preventing medical errors, inadequate training and lax supervision can render these efforts ineffective and death can be the result.
Types of Malpractice Claims
A wrongful death claim bases the necessity for legal action on the pain and suffering of the family members of the deceased. Another common medical malpractice suit is called a survivor action, and it is focused on the pain and suffering of victims and the likelihood that they would have recovered. In each of these cases, the family members are the beneficiaries. In Illinois, the spouse or adult child of the deceased or the parent of a minor child who is deceased are the family members who are permitted to file a wrongful death lawsuit.
The statute of limitations for filing a wrongful death claim in Illinois is within one year of the death, or within two years of the personal injury. If you have lost a family member due to fatal medical errors, fatal car accidents or fatal truck accidents, the wrongful death attorneys at Cary J. Wintroub & Associates can provide legal advice on the best way to proceed. To schedule a free consultation with an attorney, contact us at (312) 726-1021.