Naperville Medical Malpractice Lawyers

Fighting to Make Things Right for Injured Patients

Did you suffer injuries during a medical procedure? Did the negligent actions of a healthcare provider cause you harm?

If a doctor, nurse, hospital, pharmacist, or other medical provider caused your injuries, you don’t have to face the aftermath alone.

Our Naperville medical malpractice lawyers will help you recover maximum compensation.

Why Hire Us?

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  • Risk-Free Consultations
  • 50+ Years of Combined Experience
  • You Don’t Pay Unless We Win
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    Do You Have a Medical Malpractice Claim?

    When you sought treatment from a medical provider in Illinois, you had the right to expect that you would receive the standard of care that was owed to you. Because that standard was not upheld, you’ve been left to suffer physically, emotionally, and financially.

    As a now injured patient, you’re facing medical procedures that are only necessary because of your healthcare provider’s negligence. The pain and suffering that you’ve endured, and perhaps continue to experience, only exists because a doctor, nurse, anesthesiologist, surgeon, or other medical professional acted (or neglected to act) in the way that was expected of someone with that level of training.

    Since the elements required to take legal action exist in your case, this is grounds for a medical malpractice claim.

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    What Are the Elements of a Medical Malpractice Claim in Illinois?

    There are four basic elements that must be present for a medical malpractice case to be valid. They are:

    Duty of Care

    Your medical providers, including doctors, nurses, hospitals, dentists, surgeons, anesthesiologists, medical clinics, paramedics, pharmacists, and others, owe you a duty of care as long as they have established a provider/patient relationship with you. They are expected to provide the same level of treatment that others in their field with similar training and experience would provide.

    Breach of Duty

    Your medical providers breach the duty of care owed to you if they do not uphold the standard of care expected of them. For example, perhaps you were given the wrong type or dose of a medication. Maybe a foreign object was left inside your body after surgery. Was your care provider intoxicated or drug-impaired? Were you misdiagnosed? These are just a few of the ways in which medical providers can breach their duty of care.

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    Causation

    The actions of your healthcare provider, or his or her failure to act, must be linked to your losses. To determine whether causation exists in your case, ask yourself, “If not for the medical provider’s act or omission, would I still have suffered an adverse result?” If your injury was caused by the healthcare professional or facility, causation exists.

    Damages

    By itself, the fact that your doctor, or other provider, made a mistake is not grounds for a medical malpractice lawsuit. To recover compensation from the negligent party, you must have suffered some type of loss. In most medical malpractice cases, losses include things like physical pain, emotional suffering, lost time from work, medical bills, disfigurement, the development or worsening of a condition, or a disability.

    Why Choose Our Medical Malpractice Lawyers?

    Our attorneys know that you have an abundance of law firms to choose from in the Naperville area. Not all lawyers who claim to handle medical malpractice cases are equally qualified, however. What makes our injury lawyers stand out?

    Our Lawyers Have Over 50 Years of Combined Experience Handling Medical Malpractice Cases

    If you want to hire the best medical malpractice lawyer to handle your case, you need to find a Naperville attorney who has experience in handling claims against the negligent healthcare providers in our area. At Chute, O’Malley, Knobloch & Turcy, we have 50+ years of combined experience helping injured patients in Naperville and the surrounding communities hold medical providers liable for the injuries they’ve caused.

    Our Medical Malpractice Lawyers Care About Your Recovery

    At our law firm, our clients’ well-being and best interests come first. We care about you and your family. We are concerned about the many ways your injuries have impacted your life. Most of all, we want to help you maximize your settlement so you can succeed in your recovery. We’ll help you find medical providers you can trust to treat you with a high level of care so you can heal. We’ll even help you work out arrangements to get the care you need before you receive your settlement.

    Our Law Firm Won’t Back Down

    Medical providers and their insurance companies are notorious for trying to convince injured patients to agree to fast settlements that are only a fraction of what cases are worth so they can protect the reputation of the negligent healthcare professionals. In many situations, they’ll deny that a mistake was even made, or that injuries occurred. Our lawyers don’t believe in backing down to protect the reputation of someone who caused you harm, and we won’t stand back and let our clients suffer the consequences of another party’s wrongdoing. Instead, we make sure negligent parties are held accountable, and we start to prepare for trial from the moment we take a case.

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    Do All Medical Malpractice Cases Go to Trial?

    Not all medical malpractice cases go to trial. In fact, the vast majority of claims are settled out of court. However, whether your case goes to trial will depend on various factors.

    • How clear is the evidence against the medical provider in question?
    • How much is your claim worth?
    • Does the defendant doctor want to proceed with trial?
    • How willing is the defendant’s medical malpractice insurer to pay you a fair settlement?

    What Kinds of Medical Malpractice Cases Do We Handle?

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    At Chute, O’Malley, Knobloch & Turcy, our medical malpractice attorneys are dedicated to getting justice on behalf of injured patients in Naperville, and we handle all types of medical malpractice cases. Contact our law firm right away for a FREE case evaluation if you believe you suffered harm because of:

    • Failure to Diagnose
    • Delayed Diagnosis
    • Medication Errors
    • Medical Device Errors
    • Surgical Mistakes
    • Failure to Inform
    • Birth Injuries
    • Postoperative Negligence
    • Unnecessary Procedures
    • Misread Test Results
    • Anesthesia Errors
    • Medical Clinic Negligence
    • Hospital Errors
    • Mistakes in the ER
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    How Do Medical Malpractice Claims Work in Illinois?

    01 Statute of Limitations:

    In Illinois, the statute of limitations for filing a medical malpractice claim is generally two years from the date when the patient knew or should have known about the injury caused by the medical professional’s negligence. There is an overall four-year statute of repose, meaning that no action can be brought more than four years after the date of the alleged malpractice, regardless of when the injury was discovered. Exceptions may apply, however.

    02 Expert Witness Requirement:

    Illinois law requires that a medical malpractice claim be supported by an expert witness testimony. The expert must be a licensed healthcare professional in the same field as the defendant and must provide a written report stating that the defendant deviated from the standard of care and caused the plaintiff’s injury.

    03 Pre-suit Requirements:

    Before filing a medical malpractice lawsuit in Illinois, the plaintiff must serve a written notice of the claim to the defendant(s) at least 90 days before the complaint is filed. The notice must include the names of the parties, the grounds for the claim, and a statement of the damages sought.

    04 Affidavit of Merit:

    When filing the complaint, the plaintiff must also file an affidavit of merit, which is a sworn statement confirming that the plaintiff has consulted with a qualified healthcare professional who has reviewed the case and determined that there is a reasonable and meritorious cause for filing the lawsuit.

    Do You Need a Lawyer to Sue for Medical Malpractice?

    While you are not strictly required to have a lawyer to file a medical malpractice lawsuit in Illinois, hiring an experienced attorney is highly recommended. Why?

    • Meeting procedural requirements: With the specific pre-suit notice requirements, certificate of merit filings, and other procedural hurdles that must be met, you can’t afford to make a mistake. An experienced medical malpractice attorney at our law firm will ensure these are properly handled.
    • Obtaining expert testimony: To prove medical negligence, you need expert witness testimony from a qualified healthcare professional. Our attorneys have resources and networks to locate and hire appropriate expert witnesses.
    • Dealing with medical records/evidence: Building a strong malpractice case requires obtaining all relevant medical records, consulting with medical experts to analyze the records, and presenting complex medical evidence persuasively.
    • Navigating litigation: Medical malpractice lawsuits are extremely complicated legal proceedings involving depositions, motions, and court appearances. Our experienced attorneys understand the nuances of medical malpractice litigation.
    • Determining damages: Accurately calculating economic and non-economic damages requires legal knowledge of the damages that can be included in a claim. Examples that might be overlooked without a lawyer on your side include: future medical costs, lost earning capacity, home and vehicle modifications, and necessary medical equipment, etc.
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    While self-representation is possible, the rules of evidence, procedure and substantive laws in malpractice cases make having an experienced lawyer a major advantage.

    Our attorneys work on a contingency fee basis for malpractice cases, so you don’t pay unless we win your case.

    The Most Common Mistake in a Medical Malpractice Case

    With so many complexities involved in medical malpractice cases, there is plenty of room for mistakes to be made. The most common mistake our attorneys see, is waiting too long to take legal action.

    If you wait too long to file a medical malpractice lawsuit, you will lose your right to recover compensation for your losses.

    What to Do if You Think You May Have a Medical Malpractice Case

    If you suspect that you or a loved one suffered injuries because of medical malpractice, it’s crucial to take immediate action. Since medical malpractice cases are complex and time-sensitive, it is essential to take the proper steps right away to protect your rights and increase your chances of receiving fair compensation.

    If you think you may have a medical malpractice case:

    1. Gather and Preserve Evidence: The first step is to collect and preserve all relevant medical records, test results, imaging studies, and any other documentation related to your treatment. This evidence will be crucial in establishing the standard of care, identifying any deviations, and proving causation. Keep detailed notes about your interactions with healthcare providers, including dates, times, and the names of individuals involved.
    2. Seek a Second Opinion: If you suspect that you are the victim of medical negligence, it’s important to seek a second opinion from a qualified healthcare professional. This can help confirm whether the treatment you received deviated from the accepted standard of care and whether the deviation caused harm or injury. Getting seen by another medical professional can also help you obtain a treatment plan that could improve your prognosis.
    3. Consult With Our Medical Malpractice Attorneys: Consulting with an experienced medical malpractice attorney at our law firm is crucial. We will evaluate your case, explain your legal rights and options, and guide you through the process of filing a claim or lawsuit.
    Win Maximum Compensation.

    Are There Caps on Damages in Medical Malpractice Cases in Illinois?

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    Prior to 2010, there were caps on the non-economic damages that could be recovered in medical malpractice cases. These damages, like pain and suffering, were capped at $500,000 for claims against healthcare professionals (doctors and nurses), and $1,000,000 for claims against facilities, like hospitals.

    Fortunately for injured patients and their families, the Illinois Supreme Court declared these caps to be unconstitutional. Our lawyers agree. After everything you’ve been through, it’s unethical to put a limit on your recovery.