When you visit a hospital or doctor, you expect them to do their best when treating your illness or condition. However, avoidable medical errors happen all the time. Data suggest that medical malpractice is worryingly widespread in the U.S., and it’s harming and killing patients. According to Johns Hopkins Medicine, medical errors are now the third-leading cause of death, behind only heart disease and cancer. 

As a patient, you are entitled to a reasonable standard of care, whether it’s at the doctor’s office, the dentist, or the hospital. If you or a loved one was harmed by substandard care, you don’t have to stand for it. Our Belleville, IL medical malpractice lawyers know the potentially catastrophic consequences of serious medical negligence. 

Bradley Law Personal Injury Lawyers understands what you’re going through, and we can help. Contact us now for a free case review to discover whether you have a case. 

What Qualifies as Medical Malpractice?

Dealing with an illness or injury is frightening enough without worrying about doctors overlooking symptoms or botching treatment plans. However, when does a mistake or oversight cross the line into malpractice? Simply put, three main components need to be present to have a medical malpractice case:

  1. You had a doctor-patient relationship with the medical professional in question.
  2. They failed to deliver the standard of care most professionals would in a similar situation.
  3. You suffered harm or an injury due to the substandard care.

Examples of Medical Malpractice in Belleville

Medical malpractice claims in Belleville can arise anywhere in a medical setting, such as emergency rooms, doctor’s offices, hospitals, and care facilities. Some of the more common medical malpractice cases involve: 

Late Diagnosis or Misdiagnosis 

Failure to diagnose, misdiagnosis, and late diagnosis can have catastrophic consequences for a patient and even reduce their life expectancy. Patients may undergo the wrong medical procedures and receive the wrong medication, with drastic impacts to their health. Examples of misdiagnosis and late diagnosis include:

  • Failure to adequately investigate your symptoms
  • Neglecting to order diagnostic tests
  • Misreading lab test results
  • Failing to refer you to a specialist provider 
  • Forgetting to review your medical history

Surgical Mistakes

According to a study published by the National Center for Biotechnology Information (NCBI), around 4000 surgical errors occur in the U.S. annually. Surgical mistakes leading to a medical malpractice claim can include:

  • Forgetting surgical instruments inside a patient’s body
  • Wrong-patient or wrong-side surgery
  • Unnecessary surgical procedures
  • Failure to obtain informed consent 
  • Removing healthy organs or tissue 

Every surgery carries inherent risks. However, avoidable errors can turn a patient’s entire life upside down and cause permanent impairments or even death. If you or a loved one is affected by a serious medical error, promptly consult a Belleville, IL medical malpractice lawyer who can help you recover the compensation you deserve. 

Anesthesia Errors

Anesthesia errors, much like surgical mistakes, can have long-term consequences for patients. An anesthetist is a surgeon’s right hand. As such, they have numerous responsibilities, such as preparing you for surgery, monitoring you during surgery, and checking on you after surgery. A mistake, such as administering too little or too much anesthesia, can result in life-altering injuries, such as brain damage. Other consequences of negligent anesthesia can include:

  • Intubation injuries
  • Oxygen deprivation 
  • Allergic reactions
  • Heart attack or cardiac arrest
  • Respiratory distress
  • Psychological trauma

Avoidable Infections

When you go to the hospital for a broken leg, the last thing you want is to pick up an additional problem, such as a “superbug” infection or COVID-19. Unfortunately, infections in healthcare settings can and do occur even with the best standard of care. However, hospitals can and should address infectious outbreaks with certain measures, such as quarantining sick patients and implementing rigorous hygiene procedures. Failure to act could cause patients to contract serious hospital-acquired conditions, such as: 

  • COVID-19
  • Methicillin-resistant Staphylococcus aureus (MRSA)
  • Sepsis (blood infection)
  • Influenza
  • Norovirus and other gastrointestinal diseases

If you or a family member contracted a severe or deadly infection due to hospital negligence, you could pursue compensation. Contact a Belleville, IL medical malpractice lawyer to clarify your rights and options.

Birth Injuries

Waiting for a new addition to your family can be the most exciting and happy time in your life. However, it can also be fraught with worry. When a doctor or nurse botches labor and delivery, the consequences can be devastating and affect the child and the mother. Birth injuries that could lead to a medical malpractice claim include:

  • Facial nerve injury
  • Fractures 
  • Oxygen deprivation (brain damage)
  • Fetal stroke
  • Cerebral palsy

Permanent birth injuries can cause immense physical and emotional distress and financial hardship for the family. The child may never be able to live independently, requiring around-the-clock care. If your child suffered a birth injury, our personal injury lawyers in Belleville could hold those responsible accountable and recover damages that allow your child to manage their life with dignity and comfort.

How a Belleville, IL Medical Malpractice Lawyer Can Help

Medical malpractice attorneys are highly specialized. They know Illinois’ laws and have a good understanding of medical issues. Moreover, they should be well-connected in the medical world to hire the best expert witnesses when needed. A medical malpractice lawyer at Bradley Law can help you in several ways, including:

  • Assess your incident and determine your legal options. 
  • Liaise with your medical providers to gather critical medical records. 
  • Collect evidence, such as hospital records, to prove your claim.
  • Provide medical expert witness testimony to strengthen your case.
  • Fight for the full value of your case at trial if necessary. 

Having an experienced and tenacious attorney by your side is crucial in a medical malpractice claim. We know how to fight the big insurance companies and want to give you the best chance of recovering maximum compensation. 

You Could Qualify for Medical Malpractice Compensation 

Since every medical malpractice case is different, compensation will vary. Factors that come into play when calculating a fair settlement include the severity of your injuries, financial losses, and the responsible party’s degree of negligence. However, you could seek various damages, including but not limited to: 

  • All healthcare costs connected to your injury
  • Lost wages and future lost income
  • Out-of-pocket expenses
  • Pain and suffering
  • Mental anguish
  • Reduced life quality
  • Disability


Which medical mistakes don’t qualify as malpractice?

Health care is not an exact science, and outcomes are never guaranteed. Simply experiencing side effects or your condition failing to improve doesn’t mean a negligent provider was negligent. Here are some scenarios that likely wouldn’t qualify for a personal injury claim:

  • Minor unintentional errors: Doctors and nurses are humans. Like the rest of us, they might make an honest mistake without negligence or carelessness.
  • Expected medical treatment risks: Sometimes, despite a doctor’s best efforts, things don’t go as planned. If a procedure has known risks, and you were informed of those risks, a bad outcome may not be medical malpractice. 
  • No harm done: If a doctor or nurse makes a mistake, but you are unharmed, you won’t have a malpractice claim. To have a case, you must prove an injury or financial damages from the medical error.

However, it is always a good idea to consult a lawyer when you suspect a medical error. A Belleville, IL medical malpractice lawyer at Bradley Law can help you understand whether the mistake falls under medical malpractice and move forward with a claim on your behalf. Your health matters, and you deserve a good standard of medical care.

Can I sue my Belleville dentist for malpractice?

Medical malpractice can affect dental patients, too. You could have a case if you suffer a significant injury due to an incompetent or careless dentist, endodontist, or oral surgeon. Avoidable dentistry mistakes include, among others:

  • Unnecessary dental restorations
  • Permanent damage to facial nerves 
  • Failing or misdiagnosing oral cancer 
  • Botched oral surgery
  • Inferior or faulty dental work

However, it is important to note that the effectiveness of dental treatments is not guaranteed, even with perfect dentistry. For example, a new filling close to a tooth’s nerve may fail and require more invasive restoration treatments, such as a root canal. This can occur even with flawless dental work and would likely not qualify for a malpractice claim. 

If you wonder whether you have legal recourse, speak to a medical malpractice lawyer at Bradley Law Personal Injury Lawyers to determine your options. 

What is the time limit for a medical malpractice lawsuit in Belleville, IL?

According to Illinois law, victims of medical malpractice generally have two years to file their cases in Belleville. However, some rare exceptions could give you more time, such as:

  • The discovery rule: This rule means the clock only starts ticking when your injury is discovered. For example, if a surgeon left an instrument inside your body, which was discovered months later, the statute begins to run on the day of discovery. 
  • Minority: If the plaintiff (the person bringing the suit) was a minor when the medical malpractice event occurred, the statute may be paused until they reach 18. 
  • Incapacitation: If the victim suffered a mental or physical incapacitation and was unable to file a lawsuit within two years, the statute may be extended to allow them to file later.
  • Fraudulent concealment: Sometimes, patients don’t know they are victims of medical malpractice because a medical provider tried to fraudulently cover their tracks. In such cases of fraudulent concealment, the victim could have additional time to file a lawsuit.

It is important to note that some circumstances could also shorten the time available to sue. Therefore, consult a Belleville, IL medical malpractice lawyer as soon as possible to determine the best timing for your lawsuit. Filing too late could bar you from seeking compensation.

My loved one died due to medical malpractice; can I file a lawsuit?

If your loved one passed away due to a medical provider neglecting their care, you could file a wrongful death lawsuit and pursue compensation. While no compensation can ever turn back the time and bring back your loved one, receiving a fair settlement can help you and your family recover financially. You could qualify for:

  • Medical expenses before death
  • Funeral and burial costs
  • Loss of income and future income from the decedent
  • Loss of services your loved one provided (child care, yard work, etc.)
  • Loss of companionship

The time after a loved one dies can be hugely challenging. However, don’t wait too long to file your wrongful death lawsuit, as you typically only have two years to do so in Illinois. 

How much does a Belleville, IL medical malpractice lawyer charge?

Medical malpractice lawyers typically work with a so-called “contingency agreement,” meaning you don’t pay attorney’s fees out of your own pocket. This is also sometimes called a “no-win-no-fee” arrangement. If you win the case, and only if you win, your attorney will receive a percentage of your final payout. If you lose, you don’t pay any attorney’s fees. 

However, always discuss fees with your lawyer before signing on the dotted line. Not all lawyers work on contingency; you might have to pay attorney’s fees whether you win or lose. Hourly fees or retainers can run into tens of thousands of dollars and likely more with complex malpractice cases. 

Bradley Law Personal Injury Lawyers never charge clients upfront for legal expenses or attorney’s fees. We only get paid when you get paid.  

Let Us Assess Your Medical Malpractice Claim Today 

Medical malpractice cases can be incredibly complex and challenging to litigate. There are stacks of medical records to work through, and victims have a considerable burden of proof. Moreover, if you’re standing up to a large care facility or hospital, expect teams of lawyers on retainer, ready to fight your case.

Bradley Law Personal Injury Lawyers has helped countless injured individuals and their families recover fair compensation. We not only know how to litigate medical malpractice claims, but we also understand that you may be going through one of the most challenging times in your life and need a shoulder to lean on. Our Belleville, IL medical malpractice lawyers can offer you the compassion and personalized attention you deserve. Contact us now for a free, no-obligation case evaluation.