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chapter 11

You Don't Pay, If We Don't Win

If you or a loved one has been the victim of medical malpractice, you could be entitled to compensation to cover your losses, including medical care, medical costs, and loss of wages due to health problems. Medical malpractice is an act of negligence or omission performed by a health care representative that has caused damages to a patient. These damages could occur in diagnosis, administering of prescription medication, or treatment of a patient. If such damages are apparent, the patient can take up suit against the health care representative or the medical institution they represent. If you or a loved one is suffering as a result of medical malpractice, you are entitled to representation. The Law Office of Ivan Rueda & Associates can provide excellent representation and high quality care with access to a wealth of resources to aid you in receiving the justice you deserve. Our team is dedicated to protecting your rights and have the skill and training to do so. There are several different categories of medical malpractice cases in Illinois. Most medical malpractice cases are extensive and very complex, requiring the help of a specialist in one of the many categories that are listed below.

We can help you with:

Medical Errors

If you have been the victim of medical malpractice occurring from a health care professional who has harmed you while attempting to treat you, turn to the Law Offices of Ivan Rueda. If the medical treatment you received was negligent you may have the basis for a legal claim.

Call Today! 773-252-9800

Miscarriage

In a claim that pertains to a misdiagnosed miscarriage, a patient may be able to hold their Obstetrician or Birth Doctor responsible for any damages or misdiagnosis, if they can establish that the misdiagnosis was due to negligence.

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Surgical Malpractice

Failure to communicate properly can result in a number of critical errors. For example, a surgeon may mark the wrong site for surgery, or fail to make sure all surgical equipment is properly onhand. There can also be miscommunication about proper dosage of a patient’s medication. Any one of these failures can result in serious consequences.

  • Incompetence - Perhaps your surgeon has not performed the procedure very many times and simply lacks the skill to perform the surgery successfully. It sounds strange to many people this can happen, but it does.

  • Insufficient Preoperative Planning - It is critical that a surgeon be well-prepared for surgery. This can include reviewing, and preparing for, any complications that are likely to occur. It can also include proper preparation by nurses and assistants to ensure all the necessary equipment is ready and available when needed by the surgeon.

  • Improper Work Process - Surgeons may mistakenly determine that certain steps during a surgery are unnecessary. Taking shortcuts can be very costly when it comes to surgery.

  • Fatigue - This is quite common. Surgeons notoriously work long shifts. This results in fatigue. Tired people are more likely to make mistakes when compared with well-rested people.

  • Neglect - Sometimes surgeons are simply not as careful as they should be. This could include failing to ensure their instruments are properly sterilized. It could also include the decision to use surgical equipment known to be defective

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Birth Injuries

There are many birth errors that can occur due to malpractice or negligence. Birth injuries can include:

  • Improper physical manipulation of the baby during delivery – this can be by pulling or turning a baby incorrectly or through the use of tools such as vacuum extraction systems or forceps.Failure to monitor the baby for warning
  • Signs of distress – this might be a failure to monitor the baby’s heart rate or other vital signs.
  • Use of improper medications during labor or pregnancy.
  • Waiting too long or even failing to perform a cesarean section when it is needed

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Cerebral Damage

While Cerebral Palsy (pronounced seh-ree-brel pawl-zee) is a blanket term commonly referred to as “CP” and described by loss or impairment of motor function, Cerebral Palsy is actually caused by brain damage. The brain damage is caused by brain injury or abnormal development of the brain that occurs while a child’s brain is still developing — before birth, during birth, or immediately after birth.

Cerebral Palsy affects body movement, muscle control, muscle coordination, muscle tone, reflex, posture and balance. It can also impact fine motor skills, gross motor skills and oral motor functioning.

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Anesthesia

Miscalculation or errors of anesthesia injection is a form of medical malpractice when it occurs due to negligent medical professionals. You are able to file a claim if you have experienced unnecessary harm as a result of an anesthesia application error.

  • Failure to intubate or injuries caused during intubation: Anesthesiologists will often intubate a patient during surgery in order to help them breath safely. When an anesthesiologist makes an error during intubation or fails to maintain a proper airway, serious injury can result.

  • Failure to monitor: Anesthesiologists are responsible for regulating not only a patient's level of consciousness during the procedure but also their oxygenation, among other vital responsibilities. Failure to fulfill these essential duties can lead to serious brain injury or death.

  • Communication errors before, during or after the procedure. Anesthesiologists are required to keep those performing surgery informed of the patient's condition, including his or her vital signs. Failure to properly communicate can lead to serious complications or injury.

  • Errors in anesthesia dosage: A dosage error can happen if an anesthesiologist gives too much or too little anesthesia. Too much anesthesia can result in dangerously prolonged sedation leading to coma or brain injury.

  • Too little anesthesiacan lead to a condition known as anesthesia awareness, where the patient wakes up during the surgery itself. This can lead to a horrifying experience, where the patient, often paralyzed and unable to speak, is aware of what is happening and experiencing the extreme pain of surgery. According to a study in Anesthesia & Analgesia, nearly one-half of patients who experienced anesthesia awareness heard conversations in the operating room, and half felt as though they could not breathe. Twenty-eight percent felt the actual pain of surgery.

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Diagnostic Errors

There are many diagnostic errors that can occur in health care, including misdiagnosis, lack of diagnosis, or delayed diagnosis.

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Medication Errors

When a health care professional administers an incorrect medication or dosage of a medication to a patient, significant harm can be caused. Such medication errors are the fault of the health care professional and our attorneys can help you to attain justice.

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Negligent Death

Sometimes surgeons are simply not as careful as they should be. This could include failing to ensure their instruments are properly sterilized. It could also include the decision to use surgical equipment known to be defective. Negligent death is a civil action which charges another with being liable for injury resulting in another's death by reason of negligent actions or a failure to act which could foreseeable result in death.

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Sub-Standard Care

Health care professionals are responsible for a certain standard of care to medical patients. When such a standard is not adhered to and quality care is not given, errors attributable to the medical professional can ensue.

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Hospital Malpractice or Nursery Homes

This may include failure of hospital staff to maintain appropriate sanitation practices, follow up on test results, or other care-based malpractice.

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