Medical Malpractice Lawyer Illinois

According to the US Bureau of Justice Statistics reports, in 2021, there were total claims of 20 billion dollars for medical errors. An estimated 225,000 victims in the US die annually. The number also includes Illinois state victims. The number of victims dying due to medical errors is increasing. This is why the demand for medical malpractice lawyers in Illinois is increasing too.

You must obtain legal counsel from an experienced medical malpractice attorney in case of injuries or medical issues during the surgery. We at Phillips Law Office undertake such cases of medical malpractice in Illinois and ensure your right to get the compensation is fulfilled. Our medical malpractice attorneys are committed to making careless medical professionals answerable for their errors.

Our attorneys have great expertise with medical malpractice cases and have helped injured patients in Illinois receive compensation.

What is Medical Malpractice, and what Things should you do?

Medical malpractice is a legal term that refers to negligence by a healthcare professional that results in death or injury and who does not follow the recognized standards of practice and care for the relevant procedure. No matter the doctor’s profession, medical malpractice compensation must be paid if found guilty.

Medical malpractice is a branch of tort law that deals with professional negligence and is used by lawyers. The judicial system uses a reasonable standard for care and treatment to define negligence. All medical malpractice lawsuits undergo the filing process in the state court having legal authority who can hear the evidence. Phillips Law Office takes care of everything regarding filing the medical malpractice case against the surgeon.

Different types of Descriptions for Medical Malpractice

There are some descriptions of medical malpractice that you should be aware of

Standard of Care Violation

The legal system is aware that experts use recognized medical procedures that any prudent healthcare provider would apply in the same or similar situations. Patients injured due to medical malpractice have the right to receive compensation for losses brought on by negligent behaviour when the criterion is not satisfied.

Negligence Resulting in Harm

If the medical provider had followed the acknowledged standard of care, there would have been no injuries to the patient. A poor outcome is not malpractice, but patients have legal standing if they show that carelessness resulted in their injuries.

Injury Resulting in Damages

Due to the high cost of litigation, medical malpractice lawsuits only include the most severe losses. Patients with mild injuries can get lesser settlements, which won’t be enough to cover the costs of settling a malpractice claim. Patients with severe disability, loss of income, suffering, financial difficulty, or even death go for medical negligence lawsuits. These patients typically have proof of past, present, and future medical costs.

Some examples of medical malpractice

Unnecessary lab tests
Wrong surgical procedures
Overdose of medicine
Emergency room mistakes

Medical malpractice cases are difficult to establish and impossible to win without counsel. A lawsuit against a doctor, hospital, or nursing home may be expensive to file financially. So you need an expert attorney who can handle the job with perfection.

Elements of a Medical Malpractice Claim

Even though each medical malpractice case is distinct, they share a few characteristics. For instance, each has a burden of proof that must be met to establish that the defendant is accountable for the patient’s damage or disease. There are four main elements when it comes to handling the medical malpractice case in Illinois:

Keeping the Professional Relationship – You must provide documents and medical bills to demonstrate that there is nothing more than a professional relationship between you and the medical professional during medical negligence. Since there was no professional relationship, you cannot sue a doctor for malpractice if taking their advice at a dinner party results in additional harm.
Breach of Duty of Care – The essential part of a medical malpractice lawsuit is the breach of duty or act of negligence. You must present convincing and unequivocal evidence to prove that the defendant violated or failed to perform their duty of care to you. Breach of medical duty includes things like arriving at work intoxicated or interpreting test results incorrectly.
Cause – There must be a connection between the defendant’s negligence and your injury for a claim. For you to have a case against the defendant, the doctor’s or hospital’s failure to provide proper care must be the direct (primary) cause of your damages. If not, you might have a case against another person.
Damages – Lastly, victims must demonstrate that the defendant’s breach of duty caused them to incur actual losses. Some examples of damages are medical costs, discomfort physically or emotionally, diminished quality of life, or lost income.

Getting Compensated for the Medical Malpractice from the Surgeon in Illinois?

There are chances that victims may recover funds that cover their medical bills, lost wages, and pain. Those who experience agony, shame, and the loss of the chance to experience and enjoy life’s simple pleasures may be entitled to pain and suffering damages.

Before you go ahead to blame your surgeon for the mistake, start asking questions. You should get a second professional’s view if the answers don’t make sense or if you have any suspicions. The best is to seek assistance from Phillips Law Office attorneys.

Connect with a Professional Attorney to Handle your Medical Malpractice Case

Coping with instances of medical misconduct can be challenging and unpleasant. Our top focus is helping you get through this trying time, protecting you, and compensating for the pain you and your loved ones have endured. We will work on mentioned things:

Reviewing your case
Researching and preparing a report
Investigating bills and other expenses
Facilitating injury images
Connect with a witness
Take deposition
File a lawsuit and negotiate a settlement
Help you throughout the process

Having decades of experience in this field, Phillips Law Office in Illinois aided hundreds of clients and obtained millions in total compensation for clients. We consider the full person damaged by medical misconduct in addition to the compensation. To help you, we’re here.

Our law practice achieves outcomes rapidly because we recognize that you require cash immediately. We provide a “No Win/No-Fee” Promise to every client, which states that you owe us nothing if we cannot get financial compensation on your behalf. Our consultation is free, private, and considerate of your trying situation. We have a track record that no other team of medical malpractice attorneys in Illinois can match. We’re prepared to assist you in overcoming medical misconduct and obtaining the compensation you are due. So, call us now at (312) 598-0917 or contact us by meeting us in person.

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Frequently Asked Questions

When should I contact a medical malpractice lawyer in Illinois?

If you or a loved one has been injured or harmed due to medical negligence, you should contact a medical malpractice lawyer as soon as possible. It is important to act quickly, as there are time limits for filing a medical malpractice lawsuit in Illinois.

What can a medical malpractice lawyer do for me?

A medical malpractice lawyer can help you determine if you have a valid claim and assist you in pursuing legal action against the healthcare provider(s) responsible for your injury. They can also help you navigate the complex legal system and negotiate with insurance companies to ensure you receive fair compensation for your damages.

How much does it cost to hire a medical malpractice lawyer in Illinois?

Most medical malpractice lawyers work on a contingency fee basis, which means they only get paid if you win your case. Typically, the fee is a percentage of the compensation you receive.

What damages can I recover in a medical malpractice lawsuit?

The damages you can recover in a medical malpractice lawsuit in Illinois may include medical expenses, lost wages, pain and suffering, and other related expenses.

How long do I have to file a medical malpractice lawsuit in Illinois?

In Illinois, the statute of limitations for medical malpractice lawsuits is generally two years from the date of the injury, or two years from the date when the injury should have been discovered. However, there are exceptions, so it is best to consult with a medical malpractice lawyer to determine the specific deadlines that apply to your case.

Do I have to go to court to resolve a medical malpractice case in Illinois?

Not necessarily. Many medical malpractice cases are settled out of court through negotiations between the parties involved. However, if a settlement cannot be reached, your case may go to trial.

Can I sue for medical malpractice if I signed a waiver or consent form?

Yes, signing a waiver or consent form does not release healthcare providers from liability for negligence or medical malpractice. However, the waiver or consent form may be used as evidence in your case.

How do I prove medical malpractice?

To prove medical malpractice, you must show that the healthcare provider breached their duty of care to you, and that this breach caused your injury or harm. This can be done by presenting evidence such as medical records, expert testimony, and other relevant information.

Who can be held responsible for medical malpractice?

Any healthcare professional who provided care to you, such as a doctor, nurse, pharmacist, or other medical staff member, can be held responsible for medical malpractice if they breached their duty of care and caused harm to you.

Can I still file a medical malpractice lawsuit if the healthcare provider has apologized or admitted fault?

An apology or admission of fault may be used as evidence in a medical malpractice case, but it does not automatically mean that you have a valid claim. You should still consult with a medical malpractice lawyer to determine if you have a case.

Can I file a medical malpractice lawsuit on behalf of a deceased family member?

Yes, if a family member died as a result of medical malpractice, you may be able to file a wrongful death lawsuit on their behalf.

Can I file a medical malpractice lawsuit against a government-run hospital or clinic in Illinois?

Yes, you can file a medical malpractice lawsuit against a government-run hospital or clinic in Illinois. However, there are specific rules and procedures that apply to these types of cases, so it is important to consult with a medical malpractice lawyer who has experience in this area.

How long does a medical malpractice lawsuit take to resolve?

The length of time it takes to resolve a medical malpractice lawsuit varies depending on the complexity of the case and the willingness of the parties to negotiate a settlement. Some cases may be resolved in a matter of months, while others may take several years to reach a resolution.

What should I look for when choosing a medical malpractice lawyer in Illinois?

When choosing a medical malpractice lawyer, it is important to look for someone with experience handling these types of cases, as well as a track record of success. You should also consider their communication style, availability, and fees. Many lawyers offer a free consultation, which can help you determine if they are a good fit for your case.

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