People place the utmost trust in their healthcare providers. When mistakes occur due to negligence, you could pursue a personal injury claim for medical malpractice in Chicago if you or a loved one are injured. It’s important to act quickly in these types of injury cases, and a Chicago injury attorney from Lerner and Rowe can assist you in seeking compensation for your injury.
Understanding Medical Malpractice in Chicago
Illinois medical malpractice claims are a huge problem throughout the state. In 2023, the National Practitioner Data Bank (NPDB) documented 470 malpractice cases with payouts of more than $315 million. Here are the most important things to understand about medical malpractice claims in Illinois:
- You have a statute of limitations of two years to pursue the case, but no longer than four years from the date of the malpractice.
- To prove a provider’s breach of duty of care, you will need a medical expert witness.
- Lack of informed consent about the risks of a medical procedure may be grounds for a malpractice claim.
- The comparative negligence rule may apply; if you didn’t follow treatment instructions, your liability could reduce the amount of your claim.
Gathering Evidence for Your Medical Malpractice Claim
When you’ve been injured due to medical negligence, a Chicago malpractice lawyer will need evidence to prove your injury claim. Here are some key pieces of evidence needed to help build a strong malpractice personal injury claim:
- Complete medical records, including doctor reports, test results, and treatment plans.
- Second opinions from other doctors who can support your claim with their assessments.
- Witness statements from individuals who observed the incident or can testify to your health before and after the injury.
The Legal Process for Malpractice Claims in Chicago
The legal process should start with retaining a lawyer. They’ll start by collecting medical records, talking to witnesses, and consulting with a doctor to make sure that the case has merit. After their preliminary work, that attorney will file a lawsuit on your behalf. Next comes the discovery phase, in which each party provides the other with potential evidence that relates specifically to the case.
Mediation or settlement conferences may be scheduled to settle the matter before going to trial. If the case is not settled, it will proceed to trial and each side will have an opportunity to present evidence and arguments to the court. During the trial, your Chicago personal injury attorney will be there to represent you and work on showing how this healthcare provider failed to meet the standard of care and that this failure led to harm.
Understanding Compensation and Settlements
Economic damages cover the actual costs you’ve faced or will face because of the injury. These are things that include a fixed dollar amount, and medical bills for treatments, surgeries, or therapy. It also covers lost wages because you couldn’t work and any future earning potential that might be affected if the injury impacts your ability to do your job. You can get reimbursed for other expenses you’ve had, like traveling to medical appointments or needing special equipment.
Non-economic damages can’t be easily calculated and cover things like pain and suffering, emotional distress, or the loss of enjoyment in life because of your injury. Non-economic damages don’t have a cap in the state of Illinois. In the state of Illinois, there are also punitive damages. These, however, are rare and happen if a doctor or healthcare practice deliberately did something that put a patient at risk or concealed the malpractice.
Finding a Qualified Chicago Personal Injury Lawyer
When you looking for a lawyer to handle your case, here are a few things to consider:
- Look for a personal injury attorney who has undertaken medical malpractice cases.
- Check if the law firm offers a free consultation to discuss your case and gauge your comfort level.
- Ensure you have a lawyer you are comfortable with and can communicate with regularly throughout your case.
Lerner and Rowe is fully established in Illinois to address a medical malpractice case and give your case the attention it deserves. You’ll have a full team of advocates on your side and you will be able to have a better chance of getting the full settlement you deserve.
Reach out to Lerner and Rowe’s Chicago medical malpractice attorneys today. Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, and we’re available 24/7 by phone at 844-977-1900. You can also reach us through our online form or LiveChat service.