Best Medical Malpractice Lawyers in Chicago for 2024

To determine if you have a valid medical malpractice claim, certain elements must be present and provable within the context of your specific situation. Here are the primary criteria that typically need to be met:

Establishing a Doctor-Patient Relationship: You must show that you had a doctor-patient relationship with the healthcare provider you are suing. This means that you hired the physician and the physician agreed to be hired, thereby establishing that the physician owed you a duty of care.

Breach of Standard of Care: Healthcare professionals are required to perform their duties according to the standards of the medical community. You must demonstrate that the healthcare provider failed to adhere to these standards. This breach of the standard of care is often established through expert testimony.

Causation: It must be proven that the healthcare provider's negligence caused your injury. This often requires a medical expert to testify that the provider's action or inaction is what directly led to your harm.

Damages: Finally, you must show that the injury resulted in specific damages. This could include physical pain, mental anguish, additional medical bills, or lost work and earning capacity.

Here's how an experienced medical malpractice law firm might proceed to evaluate the validity of your claim:

Medical Records Review: Obtain and review all medical records related to the treatment in question. These documents can provide crucial evidence regarding what happened.

Consultation with a Medical Expert: Most jurisdictions require that a medical expert review your case to confirm that it has merit. An expert can validate whether the standard of care was breached and if that breach led to your injuries.

Statute of Limitations: Check if your claim is within the time frame allowed by law. In many jurisdictions, there are strict deadlines for filing a medical malpractice lawsuit.

If you suspect that you may have a medical malpractice claim, it is crucial to act promptly. Consulting with legal professionals who specialize in medical malpractice law in Chicago as soon as possible will give you the best chance to evaluate and pursue your claim effectively.

In Illinois, the statute of limitations for medical malpractice claims is generally two years. This means you have two years from the date you knew or should have known of the injury to file a lawsuit. However, there is also a "statute of repose," which provides that a lawsuit cannot be filed more than four years after the date the medical act that caused the injury occurred, regardless of when you discovered the injury.

There are some exceptions to these rules. For instance, cases involving minors have an extended statute of limitations. In cases involving children under the age of 18, the law allows the claim to be filed within eight years of the date of the act that caused the injury, but not after the child's 22nd birthday. This may also include birth injuries.

Because there can be unique circumstances or exceptions in medical malpractice cases, it's critical to consult with an attorney as soon as possible to ensure that your legal rights are preserved. Legal professionals are updated on the current laws and any changes that may affect your ability to file a claim.

It is highly advisable to have an attorney handle your medical malpractice claim, especially in a city like Chicago, where the legal and medical systems are complex. Here are a few reasons why you should consider hiring an attorney for a medical malpractice claim:

Expertise in Medical Malpractice Law: Medical malpractice law is a specialized field that requires an understanding of both legal and medical issues. An experienced attorney can navigate the intricacies of these cases, which can be daunting for someone without legal expertise.

Investigation and Resources: Attorneys have the resources to conduct a thorough investigation of your claim. This includes obtaining medical records, interviewing witnesses, and consulting with medical experts who can testify about the standard of care and how it was breached.

Valuation of Damages: Lawyers have the knowledge to accurately assess the full extent of your damages, including current and future medical expenses, lost wages, pain and suffering, and more. They ensure that any settlement offer adequately compensates you for your losses.

Negotiation with Insurance Companies: Insurance companies often have teams of lawyers and adjusters who aim to minimize the company's payout on claims. An experienced attorney can negotiate with these companies to seek fair compensation for you.

Handling Legal Procedures and Deadlines: There are many procedural rules and strict deadlines (statutes of limitations) in place for filing a medical malpractice lawsuit. An attorney can ensure that all necessary legal steps are taken within the required timeframes.

Trial Preparation: If your case goes to trial, an experienced medical malpractice lawyer will be indispensable. They will prepare and present your case, including opening and closing statements, direct and cross-examination of witnesses, and submission of evidence.

Contingency Fees: Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue a claim without upfront legal fees.

Given the complexity of medical malpractice claims and the formidable opposition from well-funded defense teams, having a knowledgeable attorney on your side is critical to protect your interests and enhance the chances of a successful outcome.

Medical malpractice occurs when a healthcare professional fails to provide the standard of care that is expected in their field, leading to harm, injury, or death to a patient. There are several types of medical malpractice for which one can potentially file a lawsuit, including but not limited to:

Misdiagnosis or Delayed Diagnosis - This occurs when a healthcare provider fails to correctly diagnose a condition in a timely manner, potentially leading to a lack of treatment, incorrect treatment, or delayed treatment, which can worsen the patient’s condition.

Surgical Errors - These can include operating on the wrong site, leaving surgical instruments inside the body, performing the wrong procedure, or causing injury during surgery.

Birth Injuries - Mistakes that result in harm to a baby or mother during childbirth, which could include physical injuries during birth or failure to respond to signs of fetal distress.

Medication Errors - Prescribing or administering the wrong medication or dosage, leading to adverse reactions or lack of treatment for the intended condition.

Failure to Treat - Failing to provide appropriate treatment for a diagnosed condition, or failing to take necessary action when a patient's condition requires it.

Anesthesia Errors - These can range from administering too much anesthesia to not monitoring the patient properly for signs of distress.

Medical Product Liability - This involves harm caused by defective medical devices or drugs.

Lack of Informed Consent - Failing to inform the patient of the risks, benefits, and alternatives to a proposed treatment or procedure, and the patient is injured as a result of undergoing the treatment without having the opportunity to make a fully informed decision.

Hospital-Acquired Infections - If a patient acquires an infection due to unsanitary conditions or negligent care in a hospital setting, there may be grounds for a malpractice claim.

Premature Discharge - Discharging a patient from medical care too early can lead to complications and adverse health outcomes.

Failure to Perform Appropriate Follow-up - Not conducting follow-up tests, procedures, or appointments that are part of the standard of care, leading to complications or the worsening of a condition.

Each of these instances must demonstrate that the healthcare professional breached the standard of care that a competent healthcare professional would have provided in similar circumstances, and that breach directly caused the injury or harm to the patient. If these elements are present, the patient, or their family, may have a valid claim for medical malpractice. Consulting with a top Chicago medical malpractice lawyer is crucial to evaluate and pursue such claims effectively.

A birth injury in a medical malpractice case refers to harm that comes to a baby during the birth process due to the negligent actions or inaction of healthcare providers. Common birth injuries that may result from medical malpractice include, but are not limited to, cerebral palsy, brachial plexus injuries (such as Erb's palsy), fractures, hypoxic-ischemic encephalopathy (HIE), and brain damage. To qualify as medical malpractice, it must be shown that the healthcare providers deviated from the accepted standard of care during delivery and that this deviation directly caused the injury to the child.

The average settlement for a medical malpractice claim can vary widely and is highly dependent on the specifics of each case, including the severity of the injury, the degree of negligence, and the lasting impact on the patient's life. As of my last update, specific average settlement figures for Chicago or any other region are not typically published due to the variance in cases and because many settlements are confidential.

However, it's generally known that medical malpractice settlements can range from tens of thousands to several million dollars. Factors that can influence the settlement amount include:

* The cost of past and future medical care required due to the malpractice
* Lost wages and loss of earning capacity
* The extent of the pain, suffering, and emotional distress experienced by the patient
* Punitive damages, in cases of particularly egregious negligence

In Chicago, as elsewhere, large settlements often reflect severe and life-altering injuries or death. It's also important to note that Illinois has no cap on economic or non-economic damages in medical malpractice suits, so the jury awards can be substantial if the case goes to trial and results in a favorable verdict for the plaintiff.

For an accurate assessment of what a medical malpractice claim might be worth, it would be essential to consult with a top medical malpractice attorney who can evaluate the specifics of the case. All of the med mal law firms listed on this page offer 100% free legal consultations.