What Is A Medical Malpractice Claim?
Medical malpractice claims arise when people are injured by healthcare providers. These healthcare providers include doctors, hospitals, nurses, dentists, chiropractors, podiatrists and other providers. These actions are called civil “tort” actions. The phrase medical malpractice is the same as medical negligence or medical accidents.
These cases are complex, costly and time-consuming. The injured party does not have to prove that the health provider intentionally injured the patient, but that the healthcare provider deviated from the standard of care meaning that the healthcare provider failed to exercise reasonable care. (This is the test in Illinois.) Other states provide slightly different but similar definitions for the deviation from the standard of care. For example, in Missouri, the test is whether the healthcare provider exercised the degree and skill of a well-educated healthcare provider in his field under the same or similar circumstances.
What Damages Are Available In A Medical Malpractice Action? The injured person is entitled to a variety of damages such as pain and suffering, disability, loss of ability to go about their normal lifestyle, reimbursement for medical bills, loss of past and future wages, disfigurement and for future damages. The intent is to put the injured person back in his position that he was in prior to injury.
Medical malpractice cases can also involve a claim for damages due to death. In this type of claim the damages include loss of society (which is the loss of relationship of the family resulting from the death of a loved one), loss of support from the loss, medical bills, funeral and burial expenses. Recently, Illinois has enacted a law that allows recovery for grief suffered by the family for the death of their loved one. Missouri has not enacted such a law.
Our Firm. Williamson, Webster, Falb & Glisson has represented numerous clients in medical malpractice cases in Illinois and Missouri. The majority of our cases are referred to our office from other attorneys due to the complexity and cost of these cases. The costs advanced by our firm range from a few thousand dollars to in excess of Fifty Thousand Dollars, with the majority of these costs being expert witness fees and deposition costs.
Williamson, Webster, Falb & Glisson have represented plaintiffs in cases arising out of:
- Obstetric/labor and delivery surgical injuries
- Delayed diagnosis
- Lack of informed consent
- Surgical injuries
- Orthopedic surgical injuries
- Improperly prescribed medications
- Unreasonably careful conduct of the healthcare provider
- Patient neglect in nursing home abuse
- Bed sores
- Infectious diseases
- Heart attacks
- Aortic dissections
- Failure to restrain
- Infected wounds
- Brachial plexus injuries caused by undue traction during delivery of babies
- Rotator cuff injuries
- Injuries due to products that should have been recalled
- And numerous others
These types of cases are complex, expensive and time-consuming. Williamson, Webster, Falb & Glisson provides a free initial consultation and the case will be thoroughly discussed. This firm will then refer the matter to a medical expert for review to determine if the case has merit. A certificate of merit is required in both Illinois and Missouri before a case can be successfully prosecuted. Williamson, Webster, Falb & Glisson can find the expert to provide not only the certificate of merit but expert testimony through litigation.
While other law firms may delay for months in review of the matter, Williamson, Webster, Falb & Glisson prides itself in early determination whether the case has merit and will advise the injured party and/or family in common sense terms whether the case should be pursued.
If you or your family members desire a free consultation regarding a medical malpractice or nursing home neglect matter, feel free to call Williamson, Webster, Falb & Glisson at 618-462-1077.