When we seek medical care, we’re putting a lot of faith into a lot of people. We trust our doctors, our care team, their staff, researchers, pharmaceutical companies, and manufacturers to combine a world’s worth of knowledge to discover what is wrong and to help make it better.
But things don’t always work out that way. We may have symptoms that don’t fit the current knowledge base, our symptoms may be harder to pin down, or we may have multiple things clouding up the diagnostic process. Other times, medical staff or devices let us down, whether through outright neglect and ego or simple mechanical failure.
When the medical system fails us for any reason, the results can be disastrous— but so can a lawsuit if we don’t aim it at the right people or follow the proper procedures. That’s why LGBTQ patients in Chicago are turning to reliable and experienced personal injury lawyers to find justice and cover the expenses that occurred as a result of the failure.
Determining Liability
When you are in pain or dealing with a traumatic diagnosis, it can be easy to fall into the trap of pointing fingers. It’s perfectly understandable— you’re dealing with a traumatic experience. But when you need to ensure justice is served or go after compensation for rising medical costs, emotions stemming from trauma aren’t enough to get results.
In reality, this is a good thing; good doctors shouldn’t be punished for a manufacturer’s failing device. Nurses shouldn’t be punished for an unknown side effect that wasn’t disclosed by a pharmaceutical company. And Manufacturers and pharmaceutical companies shouldn’t pay for doctors’ poor standard of care.
That’s why liability is important when pursuing legal action. The lawsuit needs to know who is to blame (if anyone) and to back it up with evidence. Personal injury law covers civil cases where someone is injured, becomes ill, or suffers harm due to the negligence or maliciousness of a third party. This can be particularly hard to find if you are an LGBTQ+ person, who is worried about discrimination on top of the stresses of a lawsuit. Chicago personal injury Lawyers don’t discriminate and will do their utmost to create the best possible outcome for you.
Two major sub-categories of personal injury law are medical malpractice and product liability. Medical malpractice is aimed at healthcare professionals, often covering things like surgical errors, misdiagnosis, and negligence. On the other hand, product liability covers issues like medical device mechanical failure or dangerous medication effects. A qualified Chicago personal injury lawyer can help queer patients narrow down who or what is actually responsible for their damages and build a solid case.
Calculating Damages
Serving a lawsuit in cases where patients were harmed serves two major purposes: it holds the responsible party accountable for their failures and rewards victims or their families with enough money to cover damages. But what, exactly, are damages? When you retain a Chicago lawyer, they’ll help you fully calculate what you are owed, but this generally involves economic impact like the cost of treatments and medication, lost wages, and in the worst cases, funeral and burial costs. Sometimes they can include intangible damages like pain and suffering, but your lawyer will have a better idea if you can solidly petition for that.
Calculating damages isn’t as difficult as it sounds. You’ll need to keep records of your medical bills, pharmacy receipts, and your last few pay stubs to prove lost wages. You can also include expenses for purchasing medical supplies or items that help with your quality of life specifically related to your injury or illness. Examples of this can be mobility aids. Your partner can help you with keeping these records or if you are single, ask a friend, family member or carer to help us to help you. If you have upcoming expenditures, you can get quotes and add that to the damages calculation, anything from physical therapy to purchasing a fully trained service dog.
Seeking Justice
Healthcare professionals and medical manufacturers are held to high standards in the United States— and for good reason! We often find ourselves literally putting our lives in their hands. Medical malpractice cases hold healthcare professionals accountable when they don’t meet the standard of care, and product liability takes care of manufacturers. While compensation helps families afford the cost of treatment after the injury or illness, lawsuits help keep the medical field accountable and ensure that the standard of care is taken seriously. Some cases are damning enough that a practitioner may lose their license, which guarantees no other patients will suffer at their hands.
The legal process can be long and complicated— that’s why you want to retain an experienced attorney to handle the case. You can focus on recovery with the peace of mind that someone is fighting on behalf of you, your family, and all future patients. If you or your partner, spouse or child has developed a new or worsening condition after the medical system failed you, be it a person or a device, don’t hesitate. Contact a personal Injury lawyer as soon as possible so they can help you start building a case.
