What does a medical malpractice lawyer do? In Illinois, a medical malpractice lawyer assists individuals harmed by healthcare providers’ negligence by investigating claims, collecting evidence, assessing claim value, and representing clients in court to secure compensation. Many trust their physicians and healthcare systems, yet over 250,000 people die annually from medical errors, making malpractice the third leading cause of death after heart disease and cancer.
If you’ve been injured due to medical mistakes, you can pursue compensation through settlements or lawsuits. For assistance with your case, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Key Responsibilities of a Medical Malpractice Lawyer
Medical malpractice happens when a healthcare provider fails to meet accepted standards of care, resulting in patient injury. Examples of medical malpractice include misdiagnoses, surgical mistakes, medication errors, and birth-related injuries. These instances can lead to harm that could have been avoided with proper treatment.
Pursuing medical malpractice claims requires a lawyer with an understanding of both the legal process and medical terminology. The role of a medical malpractice lawyer is to:
Determine Liability and Associated Insurance Resources
In a medical malpractice lawsuit, you and your lawyer must establish five key elements:
- Existence of a doctor-patient relationship
- The doctor’s duty of care
- Breach of that duty
- The breach caused your injuries
- Resulting damages
To prove negligence, you must show that the doctor strayed from accepted medical standards and that a reasonable doctor would have acted differently.
Various parties could be liable in medical malpractice cases. Doctors are responsible for their own mistakes and those made by staff under their supervision. Hospitals can also be liable for issues like inadequate maintenance or preventing hospital-acquired infections, as well as for employee errors. Any other healthcare provider that strayed from accepted medical standards can also be liable.
Your attorney will assess your case to prove negligence, identify liable parties, and identify whether you may receive compensation from malpractice insurance.
Establish the Value of Your Claim
In a medical malpractice claim, you can seek compensation for various expenses related to your injury. This may include medical bills for necessary treatments, future costs for complications, lost wages, and a reduction in your earning capacity if you experience permanent injuries. You can also claim for the physical and emotional pain you’ve suffered due to the malpractice. In Illinois, there are no caps on non-economic damages, meaning that factors such as the at-fault party’s insurance coverage and the severity of your injury can greatly influence the value of your case. Choosing the best medical malpractice lawyer will help establish the full value of your case, as an experienced attorney will know what damages to include and ensure that you are not leaving out any compensation.
When you file a medical malpractice lawsuit in Illinois, you need to include an Affidavit of Merit. This requires your attorney to consult with a medical expert who can confirm that your claim is valid. Your attorney will work with medical professionals to gather expert testimony regarding your injuries, the error that occurred, and the appropriate standard of care, to prepare the affidavit of merit and establish the value of your claim.
Gather Evidence
Gathering evidence is essential for your medical malpractice case. Your attorney will work to compile several key elements:
- Statements from hospital staff who witnessed the event of medical negligence.
- Medical documentation from both the initial treatment when the error happened and follow-up treatment for the resulting issues.
- Expert opinions on your prognosis post-error, including the chances of lasting impairments that could hinder your ability to work.
- Hospital guidelines, protocols, and training resources to demonstrate how the treatment you received fell short of their established standard of care.
- The medical provider’s background, including any disciplinary records or prior claims that suggest a pattern of negligence.
Negotiate a Settlement and Manage Communication With the Insurance Provider
Proving medical negligence in malpractice cases can be challenging, but it’s possible. Many victims are unaware that they can seek compensation for injuries caused by healthcare providers. Typically, most errors resulting in harm do not lead to legal action, and of those that do, only about 7% go to trial. Most settle out of court.
Settlement usually begins when your attorney submits a demand package to the at-fault party’s insurance. This package outlines the error, its impact, and your expenses while stating the total amount you’re claiming. If the insurance provider doesn’t pay or denies the claim, they may offer a lower settlement. Your lawyer will negotiate to increase this amount and handle all communications to safeguard your claim from common insurance strategies aimed at minimizing payouts.
File Medical Malpractice Cases in Court
If you and the healthcare provider are unable to agree on a settlement, your attorney can file a lawsuit for compensation. Navigating the legal system involves various procedures, and your lawyer, along with their team, is responsible for ensuring all legal criteria are met for your claim.
Collect Your Settlement or Award
If you are concerned about the cost of a medical malpractice lawyer, they typically work on a contingency fee basis, meaning you don’t pay them until your case is resolved. Once you receive a settlement or award, your attorney takes a percentage as outlined in your agreement. After the payment is processed by the insurance provider, they deduct their fees and related expenses before sending the remaining amount to you.
How a Medical Malpractice Lawyer Investigates Your Case
Once you sign a legal representation for malpractice agreement, your attorney will begin a thorough examination of your case. Although each medical malpractice lawsuit has its unique aspects, this usually involves going through your medical records from both before and after the incident. This process helps your attorney assess the chances of success and gather the necessary details to estimate a suitable amount of damages for your claim.
Medical Records and Charts
You can provide authorization for the release of your protected health information, so your lawyer can obtain your medical records, which are a commonly used and crucial form of evidence. These records encompass various documents prepared by healthcare professionals, such as doctors and nurses, related to a particular incident. They often contain details about diagnoses, treatment approaches, medication changes, progress notes, hospital discharge summaries, and additional relevant information. Medical records are vital as they create an accurate timeline of the events that led to the injury or illness, along with specifics regarding care provided afterward.
Expert Testimony
Medical professionals with the right qualifications frequently give expert testimony in legal matters. They possess relevant knowledge about the case and are usually consulted by your attorney to offer their insights on whether negligence occurred. Your lawyer may collaborate with these professionals to evaluate the impact of medical negligence on the quality of your life.
Medical Expense Receipts and Employment Records
Your lawyer will review your medical bills, invoices, and receipts to evaluate both your past and current medical expenses. They will also estimate your future medical costs using this information. Furthermore, to confirm your lost wages, your employment history, including pay stubs prior to the injury, tax returns, and a letter from your employer, will be taken into account.
When to Hire a Medical Malpractice Lawyer for Your Claim
After suffering medical malpractice, you should take action as soon as you realize it has occurred. In Illinois, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury. However, if you discover the injury later, you may have up to four years to initiate a lawsuit. Time is crucial since investigating your claim can take a while, and delaying the hiring of a lawyer may result in missing out on your opportunity to file.
You should hire a medical malpractice attorney if you have been harmed due to a healthcare provider’s negligence, and if your injuries are severe, life-threatening, require extended hospitalization, lead to disability, or cause a loss of income due to medical negligence. However, not every medical injury qualifies as malpractice. Many treatments and medications come with inherent risks of side effects or injuries, which may not be grounds for a malpractice claim. Some injuries, while unfortunate, can occur despite receiving the highest standard of care and may not warrant a lawsuit. Determining whether a healthcare provider was negligent can require a lawyer’s assessment.
A medical malpractice lawyer can assist you in evaluating your situation and advocating for you in court. If your case is successful, your attorney can help you secure compensation for various damages, such as lost wages, medical costs, rehabilitation expenses, pain and suffering, and emotional trauma.If you’ve faced medical negligence in Illinois, you may be entitled to compensation for the physical, emotional, and financial impacts of your injuries. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to start your medical malpractice claim.
