David A. Axelrod & Associates litigates and tries cases on behalf of victims of medical malpractice. Through trials and settlements, we have recovered millions of dollars for our clients in cases against hospitals, doctors, nurses, and others who have failed to render reasonable care to patients, causing serious injury or death.
David A. Axelrod & Associates has the experience and breadth of knowledge to evaluate the strength of your medical malpractice claim and help you obtain the compensation you deserve.
Medical malpractice includes mismanagement of medication, failure to follow up after tests, failure to properly treat disease or injury, and failure to provide appropriate care in the recovery process. Even small oversights or mistakes by healthcare professionals can have devastating consequences to patients. It is imperatative that the victims of medical malpractice have dedicated counsel to ensure they are adequately compensated for their injuries and suffering, and that they will have the resources to receive future care.
Medical Malpractice (or medical negligence) occurs when a doctor, dentist or other healthcare provider does not comply with the standard of care established for their field.
Medical Malpractice Results
We negotiated a settlement of $1,500,000 with a doctor and hospital for a woman who suffered a spinal accessory nerve injury resulting in the loss of range of motion and function of right shoulder and arm, after undergoing a lymph node biopsy.
View Medical Malpractice Results
How long do I have to file a claim in Illinois?
In Illinois, the statute of limitations is two (2) years from the date the plaintiff knows, or through use of reasonable diligence should have known, he or she was injured and that the injury was wrongfully caused. However, in no event shall the action be brought more than four (4) years after the date the act or omission occurred. There are exceptions to this rule for persons who are minors or who are under a legal disability.
How does a medical malpractice claim work in Illinois?
Specifically for medical malpractice cases, after the investigation is completed by the attorney, the law requires that when filing the complaint, that the plaintiff or his attorney attach an affidavit declaring that he has consulted with a medical professional who has practiced in the past six years in the same area of medicine that is at issue in the case which states that the consultant is knowledgeable in the relevant issues in the case, is qualified by experience to give an opinion, and that the consultant believes that there is a reasonable and meritorious cause for filing the case.
What can I recover in a claim?
It may be possible to recover past and future: medical expenses, pain and suffering, income, loss of a normal life, emotional distress, and also for disfigurement. Punitive damages cannot be won in a medical malpractice case.
Common Causes of Medical Malpractice
- Mismanagement of medication
- Failure to diagnose
- Failure to follow up after tests
- Failure to properly treat disease or injury
- Failure to provide appropriate care in the recovery process
There are 5 questions to ask yourself before filing a medical malpractice suit. If you have a medical malpractice claim don't delay there is a time limit for filing.