Chicago Medical Malpractice Attorney
When you come under the care of a doctor, you trust that doctor will help you. If you are injured, they should be held accountable.
We commonly entrust our health to doctors and hospitals, expecting them to care for us with their knowledge, experience, and professionalism. That is why it is especially distressing when a negligent physician or medical staff causes injury to a patient.
If you or someone in your family has suffered because of this, it may be a case of medical malpractice and you may be entitled to compensation. Talk to an experienced Chicago medical malpractice attorney at Willens Law to see how you can pursue a malpractice claim.
What Is Medical Malpractice?
When a medical professional or healthcare provider causes injury to a patient through negligence, it can be considered a case of medical malpractice. Liable parties can include doctors, nurses, hospital staff, pharmacists, medical device companies, and even hospital management.
In order to bring a valid malpractice claim, the injured party needs to establish four legal elements:
Without all four elements, a medical malpractice case cannot be pursued. While these elements can often be difficult to establish, especially when the at-fault party has a strong defense, an experienced medical malpractice lawyer in Chicago should be able to help you build a strong and successful case.
What To Do If You Suspect Medical Malpractice
Not all outcomes of medical treatment that turn bad are due to someone’s negligence. Modern medicine still has its limitations, and bad outcomes are not always the fault of medical professionals.
If you suspect, however, that the failed treatment can be traced back to your physician’s or hospital’s carelessness, do not hesitate to discuss it with a knowledgeable attorney. A lawyer with the right team and network of experts can thoroughly examine your case to determine if malpractice has indeed occurred.
Types Of Medical Malpractice Cases
Malpractice in the medical field may be more common than you think. Here are some injuries that unfortunately occur due to medical negligence:
Some infants are born with minor birth injuries that heal on their own, but others sustain moderate to serious injuries that cause lasting damage.
Also known as brachial plexus palsy or Erb’s palsy, is a birth injury on a baby’s shoulder that may damage the arm.
See Also: Brachial Plexus
This wide-ranging brain disorder can be caused by deficient medical care during childbirth or childhood infections.
See Also: Cerebral Palsy
A delayed diagnosis of a serious illness may cost a patient valuable time and the chance to truly recover his or her health.
In the high-pressure environment of the ER, carelessness of medical professionals can gravely worsen a patient’s condition.
Hospital management may be liable for dropping patients, failing to sanitize or properly maintain equipment, failing to conduct staff screening, and more.
A doctor who prescribes outdated medication or inappropriate procedures has likely failed the accepted medical standards of duty.
See Also: Improper Medical Treatment
A company producing medical devices may be held liable if those devices caused harm to their users.
See Also: Defective Medical Products
A doctor incorrectly diagnosing a disease may greatly harm a patient and their family.
See Also: Medical Misdiagnosis
If you suspect that something has gone wrong in your surgery, it is crucial to have the circumstances reviewed by medical experts.
Excessive force when birthing an infant may result in fractures, nerve damage, internal lacerations, and even asphyxiation.
See Also: Shoulder Dystocia
A misdiagnosis of a serious health condition can cost money, time, and even life itself.
See Also: Misdiagnosis or Delayed Diagnosis
If you have lost a loved one and you suspect that a negligent medical professional may have contributed to it, talk to a reliable attorney right away.
See Also: Who Can File a Wrongful Death Lawsuit?
Willens Law competently handles these types of malpractice cases and many more. Our law firm has decades of experience in medical malpractice claims, and we have been proven successful in numerous cases. Talk to us if you believe that your injury or illness is a result of negligence in your medical case.
Why A Medical Malpractice Attorney Is Crucial
Given the stress associated with serious medical injuries, many people are hesitant to pursue legal actions with an attorney’s help. Hiring a lawyer is often associated with fees and exhausting legal battles, and this additional strain may be the last thing you want to deal with.
But a medical malpractice case differs from other injury cases. When your medical care causes you injury instead of a cure, it most likely means additional medical costs, additional missed working days, and additional distress – on top of the suffering you have already experienced. Incurring this much loss is enough reason to fight for much-needed compensation.
Further, careless medical professionals need to face their responsibility before they can cause harm to other patients. In our decades of experience in this field, we know that physicians or hospitals that make a mistake rarely ever come forward and acknowledge it. This, combined with deep resources to protect themselves from lawsuits, allows many negligent doctors and medical providers to continue practicing without consequences.
To get back on your feet and to stand up to negligent professionals, you should not have to go it alone. Consider that only 29 percent of medical malpractice trials in Illinois resulted in compensation for the patient, according to research by the Illinois Jury Verdict Reporter. It is a challenging fight, but with a competent lawyer on your side, you can win.
Successful medical malpractice cases are a specialty of Willens Law Offices, as proven by the many million-dollar recoveries we’ve obtained for our clients. With an experienced Chicago medical malpractice lawyer on your side, you won’t fear the process and our entire team provides considerate, compassionate service to minimize the stress associated with legal cases.
Common Defenses That Doctors Use Against Medical Malpractice Claims
We know it can be challenging to face medical practitioners who are prepared to fight malpractice claims. These are some common defenses they use to undermine your case:
Standard negligence defense. This seeks to disprove that the doctor acted negligently or failed their professional standards. They could say, for instance, that the doctor upheld his or her standards of duty and that the injury wasn’t a result of the actions in question.
Respectable minority principle. If a “respectable minority” of medical professionals support the doctor’s line of treatment, he or her may have a valid defense.
Statute of limitations. This is one to bear in mind if you want to pursue a malpractice case. The statute of limitations sets a time limit for patients to file a lawsuit against their medical providers. In Illinois, you have two years from the date you discovered (or should have discovered) your injury to file your case; after two years, you could likely lose your right to pursue the lawsuit.
Contributory negligence. A medical professional could also assert that the injury was partly or wholly the fault of the patient. For example, the patient may have mixed up prescriptions or failed to inform the doctor of important elements from their medical history.
Facts And Statistics About Illinois Medical Malpractice Cases
Illinois is unfortunately rife with medical malpractice claims. According to the Illinois Department of Insurance, these were the medical specialties with the biggest malpractice damages in the state from 2005 to 2008:
Obstetrics and Gynecology
As previously mentioned, the Illinois Jury Verdict Reporter found that less than 30 percent of medical malpractice lawsuits that proceeded to trial in Illinois actually compensated the injured party. A separate report by independent research site True Cost of Healthcare shows that since 2003, the number of paid medical malpractice claims in the state has been declining. The same downward trend is seen in the total amount of medical malpractice payments in the state.
This sounds like bad news for patients in Illinois who are seeking justice for the harm caused to them by medical practitioners. It is far, however, from a hopeless battle. According to the Verdict Reporter research, on average, each favorable verdict awarded the patient with around $3,013,686. This means that it is still possible to obtain ample monetary compensation for malpractice injuries. The key is to have a robust case and powerful representation by a skilled medical malpractice attorney in Chicago.
How Much Will Your Medical Malpractice Case Cost?
If you have been injured due to medical malpractice, you need to be prepared for a long and difficult case. The costs of litigation (and sometimes trial) will be expensive. It’s not uncommon for a medical malpractice case to cost from $50,000 to $150,000 to litigate.
However, if we at Willens Law Offices take your case, we will advance these substantial costs. More important, when it comes to medical malpractice cases, we have years of successful experience, which means you have a greatly enhanced chance of obtaining your ideal outcome. The monetary compensation and the sense of justice you can achieve can significantly contribute to your healing and future well-being.
$7,000,000 Settlement Medical malpractice case involving negligence
What Kind of Compensation Can You Expect For a Malpractice Case
One of the most common client questions is how much they are entitled to in a medical malpractice claim. The answer varies widely depending on the circumstances of each case. To name some, these are factors that affect the value of your case:
The medical expenses associated with your case
Your future medical or rehabilitation expenses
Your missed earnings
Whether or not you will be able to work again
Whether or not you have a permanent injury
Whether or not you suffered emotional trauma due to your experience
Whether or not your injury has changed your quality of life
Whether or not the medical professional was grossly negligent.
As mentioned in the statistics above, the average award for successful patients in Illinois is $3,013,686. A medical malpractice payment, however, can go much higher than this. In fact, in the same research period, seven cases resulted in verdicts amounting to $10,000,000 or higher.
In general, you may be able to receive compensation for damages, medical bills, future medical treatments, physical therapy, lost wages, lost opportunities, pain and suffering, grief, and more. Further, your legal action may help make certain that the doctor will be more cautious with his or her future patients.
What is the Statute of Limitations in a Medical Malpractice Case?
Statutes of limitations can vary greatly from case to case. It is crucial to contact an experienced lawyer if you suspect that a medical provider committed malpractice to, at a minimum, figure out whether you are eligible to make a claim under the statute of limitations. In Illinois, generally, the time a competent adult has to file a medical malpractice lawsuit is 2 years from the date of discovering an injury is due to malpractice. But, unless you were under 18 when you underwent the malpractice, you cannot file a lawsuit more than 4 years after the actual date of the negligent medical treatment.
Willens Law Offices Has The Experience You Need
If you want sharp, effective legal representation to help you obtain the most favorable outcome possible for your case, choose Willens Law Offices. These are only some of the successes our firm has obtained for our clients over the years:
Few law firms in Chicago have this stellar track record when it comes to medical malpractice claims. How does Willens Law Offices do it? It boils down to our dedicated service: we pour our hard work, resources, and compassion into each and every case, treating each one as if it is our own. To make your case as robust as possible, we do the following and more:
- Thoroughly examine your medical records, from initial prescriptions and consultation records to test results and discharge notes
- Work with our network of medical experts to meticulously retrace your medical case, determining what went wrong and who were responsible
- Conduct in-depth research of the parties involved in your case
- Assess the most favorable strategies, arguments, and jurisdiction for your case
- Consistently communicate with you, providing clear answers to your questions so you will not have to be anxious throughout the legal process.
This approach at Willens Law Offices enables our experienced attorneys to be smart and aggressive in representing you, even in the face of powerful physicians and hospitals. At the same time, the genuine care of our entire team produces compassionate service that minimizes your distress and lets you focus on your healing.
Get In Touch With A Law Firm You Can Count On
Willens Law Offices is ready to provide this competent and caring service to you at anytime. It costs absolutely nothing to initially consult with us, so please do not hesitate to talk to us about your medical experience.
Our law firm serves the entire Chicagoland metro area and surrounding communities in Illinois. Hospitals in this region include:
- Advocate Christ Medical Center
- Advocate Lutheran General Hospital
- Alexian Brothers Medical Center
- Alexius Medical Center
- Loyola University Medical Center
- NorthShore Evanston Hospital
- Northwestern Medicine Central DuPage Hospital
- Northwestern Memorial Hospital
- Rush University Medical Center
- University of Chicago Medical Center.
So if you’ve been seriously injured due to the negligence of a medical practitioner, don’t be afraid to confidentially consult with us regarding your experience. For your free, no-obligation consultation, call us at (312) 957-4166 today.