My Doctor Was Under the Influence. Can I File a Medical Malpractice Claim?

 Posted on January 26, 2022 in Medical Malpractice

When you seek treatment or care from a healthcare provider, you likely go into the situation trusting that the medical professional is going to prioritize you and your health. While this is often the case, there are instances in which medical professionals do not conduct themselves in ways that are safe or appropriate. 

A doctor who sees patients while under the influence of drugs or alcohol is not prioritizing the health and safety of their patients. Treating patients while intoxicated is a serious act and may lead to a medical malpractice lawsuit. If you were harmed by an intoxicated medical professional, you may be entitled to damages through a personal injury claim. 

What is Medical Malpractice? 

When a medical professional’s negligence causes a patient harm, the patient may be able to bring a medical malpractice claim against the medical professional. Medical malpractice claims invovle:

• A doctor-patient relationship 

• A clear breach of the medical standard of care, which is the professional's duty 

• Evidence of medical negligence 

• Injury or death directly caused by the medical professional's behavior 

• Damages caused by the injury or death

How To File a Medical Malpractice Claim in Illinois 

Before you seek to file a personal injury claim following an instance of medical malpractice, it is wise to ensure that the incident currently falls within the parameters of the statute of limitations. In Illinois, the statute of limitations for medical malpractice lawsuits is typically two years from the date of the instance of malpractice. 

There are some instances in which the statute of limitations differs, expanding from two years to four years. However, the exact timeframe that applies to your situation can be best determined by a lawyer who has experience handling personal injury claims related to medical malpractice. Hiring an attorney is the best place to start. 

Medical malpractice can be difficult to prove. An experienced lawyer who understands medical malpractice and all of its complexities can help.

The American Medical Association has established an official code of medical ethics, which practicing healthcare providers are expected to adhere to and uphold. The AMA Code of Ethics was designed with patients like you in mind. When building a case, your lawyer may include the ways by which the physician did not uphold the AMA Code of Ethics.

Contact a Mount Prospect Personal Injury Lawyer 

When it comes to representing you after a medical malpractice incident, your lawyer will pursue the angle that they deem most suitable for your circumstances. No matter what, filing a personal injury claim after sustaining injuries at the hands of a doctor who was under the influence all starts with hiring an attorney.

With an experienced lawyer on your side, you may be eligible for compensation after being treated by a healthcare provider who was intoxicated. Reach out to Adler Law Offices, LTD by calling 312-236-2700 and speaking with a Rolling Meadows personal injury lawyer. At Adler Law Offices, LTD, we offer a free, initial consultation.

Source: 

https://www.ama-assn.org/sites/ama-assn.org/files/corp/media-browser/principles-of-medical-ethics.pdf