Illinois Kidney Dialysis Error Attorney
Healthy kidney function is very important to overall health. The kidney maintains the delicate balance between water and potassium, chloride, calcium, sodium, phosphorus, magnesium, sulfate, and other minerals in the body. A sudden trauma incident (acute kidney injury) or a long-term condition (chronic kidney disease) could prompt the need for dialysis. This temporary measure, which was introduced in the 1940s, restores partial kidney function until a transplant becomes available. This temporary period could be several days or several months.
Dialysis errors usually involve mechanical problems or diagnosis issues. A mechanical problem could be a design or manufacturing defect. Usually, manufacturers are strictly liable for the injuries their defective products cause. But in most cases, human error causes dialysis problems. These machines are quite delicate and need considerable preventative maintenance. Furthermore, a doctor must accurately diagnose the underlying condition and determine if dialysis is the appropriate approach in that particular case. These errors are normally negligence, or a lack of care.
The experienced Illinois kidney dialysis error attorneys at Wais, Vogelstein, Forman, Koch & Norman have successfully handled medical malpractice cases for decades. Over the years, we have developed proven methods that allow us to quickly evaluate your case and collect evidence to support your claims. Once the case goes to court, our professional team knows what it takes to obtain maximum compensation for families and hold negligent doctors responsible for their actions.
Beginning Your Medical Malpractice Case
Negligence claims usually begin with duty, or the applicable legal responsibility. In the Prairie State, everyone has a legal obligation in the health and safety area. For example, motorists must drive defensively and obey the rules of the road. Since obtaining a medical license is much harder than obtaining a drivers’ license, doctors have a higher duty of care.
This duty is a fiduciary duty. Doctors cannot let any other priorities, such as making money, supersede what’s best for the patient.
Incidentally, there is usually a difference between the patient’s wants and the patient’s needs. Almost no one wants to go on dialysis. But if that’s what is best for the patient, that’s what the doctor must do.
Sometimes, the error lies not with the doctor, but with someone else on the surgical or healthcare team. Legally, the doctor is usually responsible for such errors.
Additionally, a Chicago kidney dialysis error attorney must establish a lack of care. Typically, attorneys’ partner with expert witnesses who ascertain the standard of care in a particular case. These experts must be highly qualified, but they must also be able to connect with jurors. That’s a rare combination that non many doctors have.
Ending Your Medical Malpractice Claim
Most malpractice claims, and other negligence claims, settle out of court. Frequently, settlement occurs toward the end of a case, during mediation.
Basically, mediation is a court-supervised negotiation session. Like all negotiations, these talks usually involve some give and take. Therefore, attorneys must know when to stand firm and when to compromise. Otherwise, your claim might be unnecessarily delayed or may not be for maximum compensation.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available as well, in some extreme cases.
Contact a Dedicated Chicago Cook County Attorney
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced kidney dialysis error attorney in Chicago, contact Wais, Vogelstein, Forman, Koch & Norman by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.