Chicago Medical Malpractice Lawyers
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Call now for assistanceRecent Verdicts & Malpractice Settlements
Our client suffered back injuries requiring a lumbar fusion due to a commercial vehicle crash in Cook County.
outcome:
$2,250,000 SETTLEMENT
In what is thought to be a record, Adam J. Zayed secures medical malpractice survival claim for an octogenarian decedent whose only heir was a nephew.
outcome:
$900,000 SETTLEMENT
$1,000,000 medical malpractice settlement secured by Adam J. Zayed arising out of a complicated medical malpractice event resulting in wrongful death.
outcome:
$1,000,000 SETTLEMENT
Our client suffered back injuries in a slip and fall incident at a well-known Chicagoland grocery store.
outcome:
$1.100,000 SETTLEMENT
Chicago Medical Malpractice Lawyers recovered $1,250,000 in connection with a confidential medical malpractice case.
outcome:
$1,250,000.00 SETTLEMENT
Our client had a surgical tool left inside her body during an invasive surgery causing dramatic and permanent injuries.
outcome:
CONFIDENTIAL SETTLEMENT
Our client was misled into investing into a commodities fraud program run by members of his church. The award includes 2,000,000 in punitive damages
outcome:
$2,122,200 JUDGEMENT
Our client was injured in a crash caused by a Cook County Forest Preserve Officer. Our settlement is more than 17x medical bills.
outcome:
$1,770,000 SETTLEMENT
Our client was crushed in a truck maintenance accident.
outcome:
$1,300,000 SETTLEMENT
Injury during the negligent performance of a laparoscopic gallbladder surgery involving transected common bile duct and duodenum.
outcome:
$950,000 SETTLEMENT
Recovery for a client that was seriously injured during the performance of a laparoscopic cholecystectomy.
outcome:
$485,000.00 SETTLEMENT
Failure to diagnose prostate cancer against a local urologist. The delay resulted in metastases to our clients spine.
outcome:
$475,000.00 SETTLEMENT
Severed bile duct during routine gallbladder surgery resulting in extensive repair surgery.
outcome:
$200,000.00 SETTLEMENT
Transected common bile duct that was immediately recognized during the performance of a laparoscopic cholecystectomy.
outcome:
$200,000.00 SETTLEMENT
Our client fell in a nursing home due to improper use of a gait belt. Our client sustained a femur fracture.
outcome:
$200,000.00 SETTLEMENT
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Medical Negligence Attorney: Know Your Rights
If you or a loved one been harmed or injured by healthcare professionals, you may have a valid medical malpractice claim — and you may not realize the full extent of your legal options and are potentially missing out on compensation for your suffered injuries, pain, and suffering, among other losses.
Whether you’ve suffered from misdiagnosis, personal injury, or suspect any medical negligent act, schedule a free consultation with our team of malpractice attorneys in Chicago today.
With years of successfully winning successful medical malpractice claims under our belts, our attorneys collaborate with a network of expert physicians, investigators, and medical professionals.
Together, we can determine whether you have grounds for significant financial restitution.
Your path to justice and compensation starts now.
How Is Medical Malpractice Defined?
Legally, medical malpractice is defined as the failure of a healthcare provider to meet the accepted standard of care, resulting in harm to a patient.
This standard of care is determined by comparing the actions of the healthcare professional to those that a reasonably competent and skilled provider would have taken under similar circumstances.
Medical malpractice can occur in various forms, including failure to obtain informed consent, and neglecting to provide appropriate follow-up care.
To establish medical malpractice, the following elements typically need to be proven: the existence of a doctor-patient relationship, a breach of the standard of care, causation (the breach directly caused harm to the patient), and damages (the patient suffered harm as a result of the breach).
How Common Is Medical Malpractice?
Medical malpractice is a significant concern within the healthcare industry, impacting a notable portion of patients each year.
While precise figures vary, studies suggest that medical mistakes contribute to a considerable number of adverse events and patient harm.
That said, 1 in 3 care providers is sued for medical malpractice during their care, and it has been reported that medical providers make avoidable errors in 3% to 15% of all medical interventions.
Our Experience With Medical Malpractice Lawsuits
We’re a Chicago law firm specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, wrong medication, brain injuries, wrong diagnoses, and more.
We have successfully litigated numerous medical negligence cases where patients suffered harm due to medical negligence or errors, securing compensation for medical expenses, lost wages, and physical pain and suffering.
Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights.
What Compensation Can I Expect To Recover In A Medical Malpractice Case?
In a medical malpractice case, the financial compensation that can be pursued typically encompasses various categories aimed at addressing the physical, emotional, and financial impacts of personal injury.
Economic Damages For Medical Malpractice
In cases of medical malpractice, economic damages typically encompass quantifiable financial losses such as medical expenses, lost income or earning capacity, rehabilitation costs, and other out-of-pocket expenses directly resulting from the malpractice.
These damages aim to compensate the injured party for the financial hardships incurred as a result of the healthcare provider’s negligence.
Non-Economic Damages For Medical Malpractice
Non-economic damages in medical malpractice cases refer to compensation for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
These damages aim to provide compensation for the physical and emotional toll inflicted by the malpractice, acknowledging the profound impact on the individual’s quality of life and well-being.
Compensation For Future Costs Related To Injuries Caused By Malpractice
Compensation for future costs related to injuries caused by malpractice may include funds allocated for ongoing medical treatments, rehabilitation, long-term care, and other expenses necessary to address the lasting effects of the malpractice.
Types Of Medical Malpractice Cases We Handle
How Do I Know If I Have A Medical Malpractice Case In Chicago?
Determining whether you have a medical malpractice case in Chicago involves several key considerations.
Here are some factors that your lawyer will use to help you assess your particular situation:
- Understand the Standard of Care. Evaluate whether the healthcare professionals deviated from the accepted standard of care. This involves comparing the actions of the medical provider to what a reasonably competent and skilled provider would have done in similar circumstances.
- Establish Harm or injury. Determine if you suffered harm or injury as a result of the healthcare provider’s actions or omissions. This harm can include physical injuries, worsened medical conditions, emotional distress, or financial losses.
- Causation. Establish a direct link between the healthcare provider’s actions or omissions and the harm you experienced. You need to demonstrate that the provider’s negligence directly caused or significantly contributed to your injuries.
- Statute of Limitations. Be aware of the statute of limitations for Illinois medical malpractice cases. In Chicago, you typically have 2 years from the date of the injury or discovery of the injury to file a lawsuit. Failure to file within this timeframe can bar you from seeking compensation.
- Consult with Legal Experts. Seek guidance from experienced medical malpractice attorneys in Chicago. They can assess the details of your case, review medical records, consult with experts, and provide informed advice on the viability of pursuing legal action.
- Collect Documentation. Gather relevant documentation, including medical records, treatment history, prescriptions, and any correspondence with health care providers. These records can help substantiate your medical malpractice claims and provide evidence of negligence.
- Get a Second Opinion. Consider seeking a second medical opinion to validate your concerns about the standard of care provided by your healthcare provider.
By carefully evaluating these factors and consulting with medical malpractice lawyers in Chicago, you can determine whether you have a viable case and take appropriate steps to seek justice and recover compensation for your injuries.
Why Should I Hire a Medical Malpractice Attorney?
Hiring a medical malpractice attorney helps ensure you fully understand your rights and get the compensation that is owed to you and your family.
They fulfill many roles and help in ways that include but are not limited to the following:
- Legal Expertise. Medical malpractice cases are complex and require a deep understanding of both medical and legal principles. Attorneys specializing in this area have the knowledge and experience to navigate intricate medical records, statutes, and case law to build a strong legal strategy on your behalf.
- Investigation and Evidence Gathering. Attorneys have the resources and connections to conduct thorough investigations into your case. They can obtain medical records, consult with expert witnesses, and gather evidence to support your claim.
- Case Assessment. A medical malpractice attorney can assess the merits of your case and provide an honest evaluation of your chances of success. They can advise you on the strengths and weaknesses of your claim and help you make informed decisions about how to proceed.
- Negotiation Skills. Attorneys are skilled negotiators who can engage with insurance companies and opposing counsel on your behalf. They can advocate for fair compensation for your injuries, pain and suffering, lost wages, and other damages.
- Trial Experience. If your case goes to trial, having an experienced medical malpractice attorney by your side is invaluable. They can present your case effectively in court, cross-examine witnesses, and argue on your behalf to secure a favorable outcome.
- Emotional Support. Dealing with the aftermath of medical malpractice can be emotionally taxing. A compassionate attorney can provide support and guidance throughout the legal process, helping you navigate the challenges and uncertainties with confidence.
- Contingency Fee Arrangement. Many medical malpractice attorneys work on a contingency fee basis, meaning you only pay legal fees if they secure a settlement or verdict on your behalf.
Why Should I Hire Chicago Medical Malpractice Attorneys?
If the medical malpractice in question occurred in Chicago or the surrounding areas of Illinois, hiring a local medical malpractice attorney in Chicago offers several advantages specific to the city’s legal landscape and healthcare environment.
Chicago has its own unique legal procedures, court systems, and medical facilities.
A local attorney who is familiar with these intricacies can navigate the complexities of the Chicago legal system more effectively and efficiently.
Your attorney needs in-depth knowledge of Illinois laws and regulations governing personal injury and medical malpractice cases for injured patients, ensuring that your case is handled in accordance with the relevant legal standards.
In addition, an attorney who regularly practices in Chicago courts will be familiar with the local judges, procedures, and precedents.
This familiarity can be advantageous in presenting your case effectively and anticipating potential challenges or nuances specific to the local legal environment.
Chicago is home to numerous reputable medical experts, consultants, and investigative resources.
A local attorney will have access to a network of trusted professionals who can provide valuable insights and support to strengthen your case.
They will also have insight into the practices and reputations of these providers, which can be invaluable in building a compelling case.
They will also be able to connect you with advocacy groups, support networks, and other resources that can provide additional assistance and support throughout the legal representation process.
How Is A Medical Malpractice Claim Proven?
Proving an Illinois medical malpractice claim typically involves demonstrating four key elements or occurrences that are considered to be the requirements for a malpractice case.
Duty of Care. Showing that the healthcare provider owed a duty of care to the patient. This duty is established when a doctor-patient relationship is formed, implying that the provider is responsible for providing competent and appropriate medical care.
Breach of Duty. Establishing that the healthcare provider breached the duty of care by failing to meet the standard of care expected in similar circumstances. This often requires expert testimony to demonstrate how the provider’s actions deviated from accepted medical practices.
- Causation. Establishing a direct link between the healthcare provider’s breach of duty and the patient’s injuries or damages. This involves demonstrating that the provider’s negligence directly caused or significantly contributed to the patient’s harm.
Damages. Demonstrating the extent of the patient’s injuries or damages resulting from the healthcare provider’s negligence. This includes physical injuries, emotional distress, financial losses, and other measurable harms suffered by the patient.
Proving these elements typically requires thorough investigation, expert medical testimony, review of medical records, and other evidence to establish liability and quantify the damages suffered by the patient.
What Are Deviations From The Standard of Care?
Deviations from the standard of care in medical malpractice refer to instances where healthcare providers fail to meet the accepted norms and practices of their profession.
This can include errors in diagnosis, treatment, surgical procedures, medication administration, or patient management that fall below the standard expected of reasonably competent practitioners in similar circumstances.
Such deviations can result in patient harm, and establishing them often requires expert medical testimony to demonstrate how the provider’s actions deviated from accepted medical practices and directly contributed to the patient’s injuries or damages.
What Is Considered Substandard Care In A Medical Malpractice Case?
Substandard care in medical malpractice refers to healthcare providers failing to meet the expected level of care and treatment required by their profession.
This can include negligence, errors, or omissions in diagnosis, treatment, surgery, or patient management that deviate from established medical standards.
Medical malpractice victims who suffer injury as a result of substandard care may have grounds for a successful case, seeking compensation for the damages caused by the healthcare provider’s failure to provide appropriate care.
What Is Considered To Be A Breach Of Duty Of Care
A breach of the duty of care in the context of medical malpractice occurs when a healthcare provider or medical professional fails to uphold the standard of care expected of them in similar circumstances.
This breach can take various forms, such as errors in diagnosis, treatment, surgery, medication administration, or patient management, which deviate from accepted medical practices.
Essentially, any action or omission that falls below the standard of care reasonably expected of a competent healthcare provider can constitute a breach of duty.
How Long Does One Have To File A Malpractice Lawsuit In Chicago?
In Chicago and elsewhere in Illinois, the statute of limitations for filing a medical malpractice lawsuit is typically 2 years from the date of the alleged malpractice or from the date the patient discovered or should have discovered the injury.
However, there are certain exceptions and nuances to this rule, so it’s essential to consult with a qualified attorney to understand the specific deadlines and requirements for your case.
Is There A Statute Of Limitations On Malpractice Lawsuits In Illinois?
Yes, in Illinois, a medical malpractice lawsuit must be filed within 2 years from the date the claimant knew or should have known of the injury or the date of the last treatment by the healthcare provider.
However, there are exceptions and nuances to this rule, such as the discovery rule and the statute of repose, which may extend or limit the time frame for filing a lawsuit based on specific circumstances.
Exceptions To The Statute Of Limitations For Medical Malpractice
Exceptions to the statute of limitations for medical malpractice cases can vary depending on the jurisdiction and specific circumstances of the case. However, common exceptions may include:
Discovery Rule. Some jurisdictions allow for the statute of limitations to be tolled (paused) until the patient discovers, or reasonably should have discovered, the injury or malpractice. This rule recognizes that patients may not immediately realize they have been harmed by medical negligence.
Minority Tolling. In cases involving minors, the statute of limitations may be tolled or stopped from running until the minor reaches the age of majority (usually 18 years old). This allows individuals who were minors at the time of the malpractice to have sufficient time to file a lawsuit after reaching adulthood.
Fraudulent Concealment. If the healthcare provider or institution actively conceals information about the malpractice or fraudulently misleads the patient, some jurisdictions may extend the statute of limitations to allow the patient additional time to file a lawsuit once the fraud or concealment is discovered.
Continuous Treatment Doctrine. In jurisdictions that recognize the continuous treatment doctrine, the statute of limitations may be tolled as long as the patient continues to receive treatment from the same healthcare provider for the same condition. This allows patients who are still under the care of the provider to bring a claim within a reasonable time after discovering the malpractice.
Extension for Mental Incapacity. In cases where the patient is mentally incapacitated at the time of the malpractice, some jurisdictions may extend the statute of limitations until the patient regains capacity.
How Long Does It Take To Receive Compensation For A Medical Malpractice Claim?
The time it takes to receive compensation for a medical malpractice claim can vary significantly depending on various factors, including the complexity of the case, the willingness of the parties to negotiate a settlement, and the legal procedures involved.
In some cases, a settlement may be reached relatively quickly, leading to prompt compensation for the injured patients.
However, if the case proceeds to trial, the process can be lengthy, potentially taking several years before a resolution is reached and compensation is awarded.
Additionally, appeals or other post-trial proceedings can further extend the timeline.
How The Chicago Medical Malpractice Legal Team Helps You Recover
Your Chicago medical malpractice attorneys play a pivotal role in helping you recover from the harms inflicted by negligent health care professionals.
We act as your advocates, diligently investigating the details of your case to uncover evidence of malpractice.
We comb through medical records, consulting experts, and piecing together the details.
Our expertise allows them to identify the breach of duty and establish a strong case on your behalf.
Once the groundwork is laid, your legal team serves as your guides through the complexities of the legal process.
They navigate statutes, deadlines, and court procedures, ensuring that your rights are protected every step of the way.
Moreover, we understand the physical, emotional, and financial toll of medical malpractice. We offer compassion, support, and reassurance, standing by your side as you navigate the challenges of recovery.
We advocate tirelessly on your behalf, striving to secure the compensation you deserve for your medical bills, injuries, pain, and suffering.
Our ultimate goal is for you to reclaim control over your life and move forward with confidence.
Medical Malpractice Lawsuits FAQs
What is medical malpractice?
Medical malpractice is a legal term referring to the negligence or errors committed by healthcare providers that result in harm or injury to patients under their care.
According to research published in reputable medical journals, it’s estimated that medical malpractice affects a substantial percentage of patients, leading to injuries, complications, and in severe cases, fatalities.
The prevalence of medical malpractice underscores the importance of vigilant oversight, rigorous quality assurance measures, and access to legal recourse for affected individuals.
What type of lawyer handles medical malpractice?
A medical malpractice lawyer specializes in representing clients who have been harmed due to negligence or errors by healthcare providers.
What do medical malpractice lawyers do?
Medical malpractice lawyers investigate cases, gather evidence, consult with medical experts, and advocate for clients who have suffered harm or injury due to negligence by healthcare providers.
How can I find the best medical malpractice lawyers?
If you are in Chicago, start by contacting us!
To find the best medical malpractice lawyers in your area, seek recommendations from trusted sources, research potential counsel’s experience and track record of success, and schedule consultations to assess their expertise and compatibility with your case.
Does the Chicago Medical Malpractice Lawyer team charge a fee?
No, the Chicago Medical Malpractice team of attorneys does not charge upfront fees; rather, we work on a contingency basis meaning we earn a percentage of the compensation awarded if the case is successful.
Does the Chicago Medical Malpractice Lawyers team offer free consultations?
Yes, the Chicago Medical Malpractice Lawyers team provides free consultations.
Contact us today to get started on your path to compensation and healing.
What are the risk factors for medical malpractice?
Risk factors for medical malpractice include miscommunication among healthcare providers, inadequate documentation, high patient volume, and complex medical procedures.
What are the most common types of medical malpractice?
The most common types of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries.
Can you file a lawsuit against a doctor for negligence?
Yes, you can file a lawsuit against a doctor for negligence if their actions or omissions deviate from the accepted standard of care and result in harm to the patient.
Can you file a lawsuit against prominent Chicago hospitals for negligence?
Yes, you can file a lawsuit against a hospital for negligence if it fails to provide a safe environment, adequately train its staff, or ensure proper protocols are followed, resulting in harm to the patient.
Can you file a lawsuit against an emergency room for negligence?
Yes, you can file a lawsuit against an emergency room for negligence if the facility or its staff fail to provide the appropriate standard of care, resulting in harm to the patient.
Can you file a lawsuit against an urgent care clinic for negligence?
Yes, you can file a lawsuit against an urgent care clinic for negligence if the clinic or its staff fail to meet the standard of care expected in similar circumstances, resulting in harm to the patient.
Will a confirmation of medical malpractice automatically lead to a valid legal claim against the health care provider?
No, confirmation of medical malpractice does not automatically lead to a valid legal claim against the healthcare provider; additional factors such as causation, damages, and adherence to legal procedures must also be established to pursue a successful claim.
What are the long-term impacts of medical malpractice? Can I get compensation for future healthcare costs?
The long-term impacts of medical malpractice can include ongoing medical treatment, rehabilitation, loss of income, and diminished quality of life, among others.
Yes, you may be able to receive compensation for future healthcare medical costs as part of a medical malpractice claim, provided that they are reasonably related to the malpractice and supported by evidence.
If I die as a result of medical malpractice, will the claim die as well?
If you die as a result of medical malpractice, your claim may still be pursued by your estate or surviving family members through a wrongful death lawsuit.
What is a wrongful death claim?
A wrongful death claim is a legal action brought by the surviving family members or estate of a deceased individual, alleging that the death was caused by the negligence or wrongful actions of another party.
How long do I have to file a lawsuit, and how long is it likely to take before I receive compensation?
The time limit to file a lawsuit for medical malpractice varies by jurisdiction, typically ranging from one to six years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.
In Illinois, the statute of limitations for medical malpractice lawsuits is typically 2 years from the date of the alleged act or omission giving rise to the injury or within 4 years from the date of discovery of the injury, whichever occurs first.
However, there are exceptions and nuances to this rule, so it’s essential to consult with a qualified attorney to understand the specific deadlines and requirements for your case.
Does Illinois apply any limits on medical malpractice damages?
Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases.
However, it’s essential to consult with a legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.
How much compensation can I receive in a medical malpractice lawsuit?
The amount of compensation you can receive in a medical malpractice lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering.
Settlements or jury awards can range from thousands to millions of dollars.
What is the average malpractice claim settlement?
The average settlement amount for a medical malpractice claim can vary significantly depending on various factors, including the severity of the injury, the extent of damages, the strength of the evidence, and the jurisdiction where the case is filed.
However, according to available data, the average settlement amount for medical malpractice claims in the United States ranges from tens of thousands for minor cases to several hundred thousand dollars, with some more severe cases resulting in multimillion-dollar settlements.
Minor Cases: Settlements for minor cases might range from tens of thousands to a few hundred thousand dollars. These cases typically involve temporary injuries or inconveniences.
Moderate Cases: Settlements for moderate cases, which involve more serious injuries but not permanent disability or death, could range from a few hundred thousand to a million dollars or more.
Severe Cases: Settlements for severe cases, such as those involving permanent disability, loss of income, significant pain and suffering, or wrongful death, could range from millions to tens of millions of dollars.
It’s important to note that each case is unique, and settlement amounts can vary widely based on the specific circumstances involved.
Furthermore, 96.9% of medical malpractice cases are settled out of court, so the details may not be part of the public record.
What to do if you think you have experienced an injury caused by medical malpractice?
If you believe you have suffered from an injury caused by medical malpractice, consider seeking a second opinion from another healthcare provider, gather all relevant medical records and documentation, and consult with a qualified medical malpractice attorney to explore your legal options.
How do you prove that medical malpractice occurred?
Proving medical negligence occurred involves gathering medical records, consulting with medical experts, and conducting a thorough review of the circumstances surrounding your treatment.
Medical evidence such as diagnostic tests, imaging studies, and expert testimony can help establish the extent of the injury and its likely cause. Documenting any deviations from the accepted standard of care, such as errors in medical judgment or failure to respond appropriately to complications during labor and delivery, is crucial in demonstrating medical negligence and establishing liability for your injuries.
How do you prove a claim for medical negligence?
To prove a claim for medical negligence, you typically need to establish four key elements: duty, breach of duty, causation, and damages.
This involves showing that the defendant owed a duty of care to the plaintiff, that they breached that duty through negligent actions or omissions, that this breach directly caused the plaintiff’s injuries or damages, and that the plaintiff suffered actual harm or losses as a result.
Gathering evidence, such as witness testimony, documentation, expert opinions, and other relevant information, is crucial to support each of these elements in court.
How many cases of medical malpractice are there per year?
The exact number of medical malpractice cases per year can vary widely depending on various factors, including jurisdiction, reporting requirements, and definitions of what constitutes medical malpractice.
In the United States, estimates suggest that there are tens of thousands to hundreds of thousands of medical malpractice claims filed each year.
Get Your Free Case Evaluation Today
The legal team at Chicago Medical Malpractice Lawyers is committed to achieving extraordinary results for ordinary people. We consistently secure favorable settlements and verdicts for people who have suffered physically, emotionally and financially because of the negligence of others. If you are a victim, call our Chicago personal injury lawyers at 312-726-1616 or use our free case evaluation form. You will not pay for our legal services unless we obtain compensation for you and your family.