Medical errors are a significant concern in the United States. A recent study published by the Agency for Healthcare Research and Quality shows that over 250,000 people die each year because of such errors. This makes medical mistakes one of the main causes of death after cancer and heart disease.
If you suffer injuries because of a medical error, you can take legal action to seek compensation. However, to make a successful medical malpractice lawsuit, you must prove a doctor-patient relationship that subjected you to substandard care. Importantly, you must prove the link of the subpar care to the injury that caused you damages.
If you’re in this situation, a Chicago medical malpractice attorney from Malman Law can help you navigate this process. Our medical malpractice lawyers understand the ins and outs of these cases and can work with you to get the justice and compensation you deserve. Let’s explore medical errors and how legal help is paramount in filing medical malpractice lawsuits.
In Illinois, like in many other states, medical malpractice cases involve certain key elements that need to be established to pursue a successful lawsuit. These elements determine whether the healthcare provider’s actions or omissions amount to malpractice.
To prove these elements, your attorney will collaborate with qualified medical experts. They can provide opinions on whether the healthcare provider’s actions constituted negligence and caused the patient’s harm.
Medical malpractice can result from various factors and causes, leading to patient harm or injury. Understanding these causes is key to seeking legal recourse. Here are some common causes of medical malpractice:
Filing a medical malpractice lawsuit in Illinois requires adherence to specific steps. Victims should take the following steps when filing a medical malpractice lawsuit:
The first step is to consult with a medical malpractice attorney. Choose a lawyer who specializes in these cases and can assess whether you have a valid claim based on the law.
In Illinois, before filing a lawsuit, a “Notice of Intent” is typically required. This document informs the healthcare provider of the intention to file a lawsuit. It includes details of the alleged malpractice.
Once the Notice of Intent has been served, and if a resolution is not reached, your attorney will file the lawsuit in the appropriate Illinois civil court. The lawsuit outlines the allegations and demands for compensation.
Illinois has a statute of limitations that sets a time limit on when you can file a medical malpractice lawsuit. Ensure your lawsuit is filed within three years following the injury or wrongful death. However, this timeframe may vary depending on the circumstances of your case.
During the discovery phase or at any point in the legal process, settlement negotiations will occur. Your attorney will skillfully negotiate with insurance companies to win an adequate settlement on your behalf.
If you win your case, efforts will be made to collect the awarded damages from the responsible healthcare provider’s insurance or assets. Your medical malpractice lawyer will ensure that the settlement award fairly covers your injuries and losses.
Recoverable damages in medical malpractice claims are the financial compensation that a plaintiff (the injured party) may be entitled to if they can prove their case in court. The types of recoverable damages in malpractice claims include:
In Illinois, medical malpractice law uses “modified comparative negligence.” This means that if a healthcare provider is found partly at fault, they’ll still have to pay a percentage of the damages based on how much they’re to blame.
However, there is no fixed amount of compensation in medical malpractice cases. The value of your claim greatly depends on the extent of the injuries, the strength of the evidence, and the expertise of your legal representation.
Medical malpractice lawsuits are challenging to handle alone and often require the input of a legal mind. An attorney can be of help in your malpractice case in several ways:
The success of medical malpractice lawsuits largely depends on the quality of legal representation. If you believe you have been a victim of medical malpractice in Illinois and are seeking legal assistance, don’t hesitate to contact a Chicago medical malpractice attorney today. Our legal team can provide the guidance and support you need to navigate the malpractice claim process.
Contacting an attorney promptly is crucial to making the right moves within the given time limits for filing medical malpractice lawsuits in Illinois. This may boost your chances of getting proper compensation for the injuries caused by medical errors.
Contact Malman Law today for more information. An attorney from our team will assess the merits of your case for free.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023