$43.5 Million
Jury verdict for former Eagles captain Chris Maragos for the improper care of his knee injury
View DetailsMedical Malpractice
Medical malpractice is a legal action that results from a healthcare professional or institution causing injury or death due to a negligent act or a deviation from the standard of care. Unfortunately, medical malpractice is not uncommon. According to a study by Johns Hopkins University, there are more than 250,000 deaths due to medical errors and negligence in the US every year, making it more common than accidental deaths and stroke.
Even with advances in science and technology, mistakes by physicians do happen and may rise to the level of medical malpractice. Doctors, other medical professionals, hospitals, and government-run healthcare facilities - to name a few - can be held accountable for their actions with the help of an experienced medical malpractice attorney.
Who Can I Sue for Medical Malpractice?
Medical malpractice lawsuits can be brought against any healthcare provider who was involved in providing healthcare services to you and whose failure to meet the standard of care caused an injury. This typically includes, but is not limited to, physicians, hospitals, nurses, physical therapists, and hospital technicians.
What Is Required To File a Medical Malpractice Lawsuit?
Medical malpractice cases require the four following elements:
- Duty: The person at fault owed a medical duty to the injured. A doctor-patient or healthcare provider-patient relationship demonstrates this duty.
- Deviation from Standard Care: A healthcare provider’s failure to meet (or a deviation from) the standard of care for their profession means they breached their legal duty.
- Damages: Economic and non-economic losses due to the injury must be proven. Economic losses may include the cost of medical care or lost wages due to the malpractice injury. And non-economic losses may include emotional trauma or loss of consortium caused by the malpractice injury.
- Direct Cause: A direct relationship between the provider's breach of duty and the patient's damages must be clear.
What Are the Common Types of Medical Malpractice?
During your initial consultation, we’ll review the particulars of your case, and figure out the best approach. Below is a list of common medical malpractice case types we see:
Misdiagnosis
Medical mistakes can have serious consequences, and our medical malpractice cases frequently involve instances where a medical practitioner has incorrectly identified an illness or condition.
Delayed Diagnosis
When a proper diagnosis is not made in a timely enough fashion to be of significant benefit to the patient, it’s considered to be a form of medical malpractice known as a delayed diagnosis.
Surgical Errors
No matter what kind of surgery one undergoes, there are a certain amount of risks that come along with the procedure. Inexperience, poor communication, and sloppy surgical work can all result in dangerous surgical errors.
Defective Medical Devices
Medical devices intended to be placed inside the body can cause pain, injury, and sometimes death. We have experience in lawsuits against the makers and manufacturers of several medical devices, including hip replacements, blood clot filters, pacemakers, and hip implants.
How Do I Know If the Injuries Sustained May Be As a Result of Medical Malpractice?
The only way to determine if your injuries were a result of medical malpractice is to consult with an experienced medical malpractice attorney. Common types of medical malpractice include missed or delayed diagnoses; surgical errors; and defective medical devices. If you suspect medical negligence, the top medical malpractice attorneys at Meyers & Flowers can help.
How Do I File a Medical Malpractice Lawsuit?
Patients who believe they may have been injured due to medical error or negligence should seek the guidance of an experienced medical malpractice lawyer as soon as possible. Time is of the essence. A Meyers & Flowers medical malpractice attorney will evaluate the merits of your case and determine the best way to resolve your case quickly and secure the compensation you deserve. If you or a loved one has fallen victim to medical malpractice, call Meyers & Flowers at 630-232-6333 for your free, no obligation case assessment.
Former Philadelphia Eagles Captain Chris Maragos Receives Justice in Medical Malpractice Case
On February 13, 2023, Meyers & Flowers trial attorneys Peter Flowers and Frank Cesarone secured a $43,500,000 jury verdict for the premature and unnecessary end to former Philadelphia Eagles team captain Christopher Maragos' NFL career due to the improper care of his knee injury by his medical team.
During the two-week trial, Mr. Flowers and Mr. Cesarone exhibited unwavering determination and unceasing advocacy, leading the Philadelphia jury to hold renowned orthopedic surgeon Dr. James Bradley and national rehabilitation institute Rothman Orthopaedics accountable for the medical negligence that permanently ended Maragos’ football career.
The civil case centered on Maragos’ meniscus tear, which his medical team failed to address, and the injudicious decision to advance his rehabilitation, which resulted in further damage to his knee. During the trial, the jury heard testimony from key experts in orthopedic medicine, as well as Maragos’ former teammates Nick Foles, Trey Burton and Jordan Hicks. Among other convincing evidence, Maragos’ legal team proved that Rothman Orthopaedics created two separate medical charts for Maragos, one of which failed to include key notes about his injury and recovery.
“This verdict will not bring back Chris’ NFL career, but we are grateful the Maragos family finally got a measure of justice. But, this is only the beginning in our effort to demand further accountability for professional sports franchises and ethical treatment for athletes. This jury’s verdict serves as a reminder that any team’s doctor, in any sport, who jeopardizes the well-being of its players due to contractual obligations or financial incentives, will be held accountable for their misconduct,” said Peter Flowers.
MILLIONS OF DOLLAR WON FOR OUR CLIENTS AFFECTED BY MEDICAL MALPRACTICE
$24 Million
Verdict for the family of a woman who suffered pulmonary arrest and permanent brain damage as a result of medical negligence – largest verdict in Kane County
View Details$12 Million
Settlement for a 7-year-old boy after physicians negligently failed to diagnose and stop his seizures
View Details$7.5 Million
Second highest medical malpractice award in Kane County history for severely disabled client
View Details$5 Million
settlement for young burn victim after doctors failed to appreciate the severity of his burns
View Details$2.15 Million
Resolution for elderly man who’s surgeons failed to diagnose an arterial blood clot
View Details$1.9 Million
Award to family of 79-year-old Chicago man after doctors failed to administer antiviral
View DetailsMedical Malpractice FAQ
How much compensation will I receive and how soon will I receive it?
As with all types of personal injuries, the amount of compensation a person is entitled to is entirely dependent upon the circumstances of their case. Compensation in a medical malpractice lawsuit is unique to the facts of the case and rarely are two medical malpractice cases exactly alike. Similarly, while a number of factors affect the length of time needed to resolve a medical malpractice claim, these suits generally take at least two years for a full resolution.
How long does a medical malpractice suit take?
While a number of factors affect the length of time it takes to resolve a medical malpractice claim - such as the nature of the injuries involved, the type of medical procedures involved, and the state and court in which the suit is brought - generally these suits take at least two years for a full resolution.
Some cases will settle prior to trial, reducing the time to resolve the claim. If your case does go to trial, this may add anywhere from six months to several years to the time it takes to fully resolve your claim.
What is the statute of limitations (SOL) for medical malpractice?
The statute of limitations provides a timeframe for filing a medical malpractice case against a practitioner or institution. A patient or their family are unable to file a medical malpractice claim after the statute of limitations expires. The timeframe differs from state to state, but typically hinges on the date of discovery. The date of discovery is the date the patient discovers or should have discovered the injuries. It can also be the date the patient discovers, or should have discovered, that the injuries were the result of medical malpractice. The date of discovery should be as well documented as possible.
What is the statute of limitations for medical malpractice in Illinois?
In Illinois, a patient or their family has two years from the date of discovery of the injury to file a malpractice case. However, if the injury was not apparent and/or was caused by a foreign object left in the body, the statute of limitations may be extended to four years. In order to determine an accurate SOL, retain all medical records and correspondence with your practitioner and/or institution. Our team of medical malpractice attorneys will help you determine a clear date of discovery and statute of limitations.
Are there any exceptions to the statute of limitations?
Yes. There are exceptions in the three following situations:
- Minors: Children under the age of 18 have up to eight years from the date of the treatment that caused the injuries. Although, the filing must take place before the person’s 22nd birthday.
- Fraud: The statute time frame extends to 5 years when it can be proven that the medical professional or healthcare facility purposely withheld information to conceal their negligence or improper care.
- Disability: The statute of limitation time frame will only begin once a patient that was previously so incapacitated that they are physically unable to file a medical malpractice claim, is no longer physically prevented from filing.
What should I do first?
The very first step in your medical malpractice case is to reach out for a case evaluation. It is important that you put this process in motion as quickly as possible, so that we can do everything in our power to obtain the help you deserve.
When you first call our firm with a potential claim, your call will be forwarded to our Client Services department to complete an “intake”. During your intake call, you will speak one-on-one with an intake specialist who will ask you a series of pre-screening questions about your potential claim. While our intake specialists cannot offer legal advice or opinions during your call, when your call ends, the intake specialist you spoke with will pass along the details of your conversation to the appropriate attorneys in our office. Our attorneys will review the call notes and the answers you provided during your call to determine whether your case is one that a Meyers & Flowers attorney can assist with.