CHICAGO MEDICAL MALPRACTICE LAWYERS

Medical malpractice cases are very complex. For example, even before you can file a claim or lawsuit, you must obtain a Certificate of Merit from a licensed healthcare provider or experts to prove that you likely have a case against the defendant. Add that to the fact that you will need evidence to prove your case, which in itself can be challenging to obtain, and you will realize that time is your biggest asset and enemy in your pursuit of compensation.

Medical malpractice can occur in any setting and involves a patient receiving healthcare from a licensed healthcare provider. This includes medical care rendered at a hospital, an emergency room, a doctor’s office, a therapy or rehabilitation center, an ambulatory surgery center, a dialysis clinic, a skilled nursing facility, or even within the home if the patient is receiving home healthcare.

This also includes care and treatment rendered by physicians, nurses, advanced practice registered nurses (ARNPs), physician assistants (PAs), radiology technicians, therapists, and mental health counselors.

In order to have a valid medical malpractice claim in Chicago, you generally must prove four (4) things:

Duty of Care

The duty of care for a healthcare provider is established when they undertake care of a patient. The duty is to act as a reasonably careful healthcare provider would under similar circumstances. This is referred to as the Standard of Care.

Breach of Duty

A breach of the Standard of Care occurs when a healthcare provider fails to act as a reasonably careful healthcare provider would under similar circumstances. This could be something that was done that should not have been (an act), or the failure to do something that should have been done (an omission). This is often referred to as a breach of the Standard of Care.

Causation

You must prove that the breach of the Standard of Care caused injury, loss, or death. This is often the most difficult element to prove, as sometimes it is not obvious what caused an injury or death.

Damages

Damages refer to the harm, injuries, and losses caused by medical malpractice. These may include economic damages, such as lost wages, reduced future earning capacity, past and future medical expenses, and loss of a spouse’s services, as well as non-economic damages, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of a loved one’s companionship and protection.

Speaking with a medical malpractice attorney can help you determine whether your case meets these requirements and how Illinois law may apply to your situation.

Medical malpractice can have serious consequences. If you believe a healthcare provider’s error caused you harm, your health and safety should come first. Consider seeking care from another medical provider as soon as possible for a second opinion or additional treatment. Explain your concerns and provide details about what happened so the new provider has a clear understanding of your medical history and current condition.

You should also begin gathering any records related to your care. This may include hospital records, doctors’ notes, prescriptions, test results, discharge paperwork, and imaging records. Keep in mind that obtaining complete medical records can take time, sometimes up to 30 days. It may also be helpful to document important dates, conversations, symptoms, and any visible injuries through photos or videos.

Once your immediate medical needs have been addressed, you may want to speak with a medical malpractice attorney about your legal options. These cases can be complex and often involve substantial medical evidence, expert testimony, and a careful review of the care you received.

Morgan & Morgan offers free case evaluations for individuals who believe they may have been harmed by medical negligence. With more than 1,100 attorneys nationwide and decades of experience handling complex injury cases, our team can review your situation and help you understand whether you may have a valid claim in Chicago, Illinois.

To prove medical malpractice, a patient must present evidence that shows that the healthcare providers were negligent in their care and treatment and that such negligence resulted in injury, loss, or death.

Medical records are a key part of any medical malpractice case because they document the patient’s medical history, treatments, medications, and the care provided by healthcare professionals.

These records can help establish the standard of care and identify any departures from it, such as incorrect medication dosages, missed diagnoses, or improper procedures.

Expert witnesses, often qualified physicians or other healthcare professionals, may also play an important role by offering an objective opinion on whether the provider breached the applicable standard of care.

Experts can explain complex medical issues to the court, comparing the care given against what a competent professional would have provided under similar circumstances. They can affirm if the actions (or inactions) of the defendant directly caused harm.

To prove malpractice in Chicago, you must also provide proof of a doctor-patient relationship, which establishes that the healthcare provider owed you a duty of care.

You must also establish causation by showing that the provider’s negligence directly caused your injury. This often requires connecting the breach of the standard of care to the harm you suffered. Expert witnesses can help explain that connection and show how the provider’s actions or failures contributed to your damages.

Yes, you can sue a hospital for medical malpractice if the hospital’s negligence contributed to your injury. This could include issues like inadequate staffing, failure to vet medical professionals, or faulty equipment. However, if the responsible party is an independent contractor rather than a hospital employee, the liability may rest with the individual provider.

Yes. You may still be able to pursue a medical malpractice claim even if the injury was not permanent, as long as you can show that the provider’s negligence caused harm. Compensation may be available for medical expenses, additional treatment, pain and suffering, and other losses resulting from the malpractice.

Medical treatment should not result in unnecessary suffering or added expenses because of a medical error. If you were harmed by medical malpractice, contact Morgan & Morgan today to learn more about your legal options.

There are legal time limits that determine how long an injured person has to file a medical malpractice lawsuit. These deadlines are known as statutes of limitations.

The statute of limitations for medical malpractice claims varies by state and may depend on several factors, including when the malpractice occurred, when the injury was discovered, and who was involved in the claim. Some states also have a statute of repose, which can place an absolute deadline on filing a lawsuit regardless of when the injury was discovered.

Because filing deadlines vary and certain exceptions may apply, it is important to speak with an attorney promptly if you believe medical malpractice occurred. Waiting too long may limit your ability to pursue compensation.

The time it takes to resolve a medical malpractice lawsuit can vary widely depending on several factors, including the complexity of the case, the severity of injuries, and the willingness of the parties to settle. 

Unlike many other types of law, medical malpractice cases nearly always require litigation. While most cases settle without the need for trial, at Morgan & Morgan, we approach every case as if it will require trial to resolve, as there is no way to predict which ones will require trial. Some complex cases may require years of litigation, but our goal is to devote the necessary time, effort, and resources to resolving your case efficiently while pursuing the maximum recovery available.

Settling a medical malpractice case out of court involves several key steps designed to resolve the dispute without the need for a trial. Settling out of court typically involves:

• Demand letter: Your lawyer sends a letter to the defendant outlining your claim and damages.
• Negotiations: Both parties engage in negotiations, often with the help of mediation or arbitration.
• Settlement agreement: If an agreement is reached, both parties sign a settlement, and the case is closed without going to trial.

Settling a medical malpractice case out of court can be a complex but often quicker and less stressful alternative to litigation. It allows both parties to control the outcome without the unpredictability of a jury trial.

At Morgan & Morgan in Chicago, our medical malpractice attorneys are prepared to go to trial if necessary, and we never take the easy way out if you aren’t getting the full and fair compensation you deserve.

A medical malpractice trial is a formal legal proceeding in which a judge or jury examines the evidence to determine whether a healthcare provider’s negligence caused harm to a patient. Medical malpractice trials can be lengthy, sometimes up to four weeks, and can also be very costly. That is why we will always make every effort to resolve your case without the need for trial, while always being prepared to take your case to trial if it comes to that.

Jury Selection

If the case is tried before a jury, the process begins with jury selection, known as voir dire. Attorneys for both sides question prospective jurors to identify any biases or conflicts that could affect their ability to remain impartial.

The goal is to select a fair and unbiased jury that can objectively consider the evidence presented at trial.

Opening Statements

The plaintiff’s attorney presents the case overview, explaining the alleged medical negligence and how it caused harm to the patient. This sets the stage for the evidence that will be presented.

The defense attorney responds with their perspective, outlining why they believe the healthcare provider was not negligent or that the negligence did not cause harm.

Presentation of Evidence and Witness Testimony

The plaintiff’s side presents evidence, including medical records, expert testimony, and witness statements. Expert witnesses, usually medical professionals, play a critical role by explaining how the standard of care was breached and how this breach led to the injury. The defense will cross-examine the plaintiff’s witnesses to challenge their credibility, the validity of their testimony, or the conclusions drawn.

The defense then presents its evidence, which may include expert witnesses who argue that the standard of care was met or that other factors caused the injury. The plaintiff’s attorney will cross-examine the defense witnesses to highlight inconsistencies or weaknesses in their arguments.

Rebuttal

The plaintiff may present rebuttal evidence to counter the defense’s claims. This phase allows the plaintiff to address specific points raised by the defense’s evidence and testimony.

Closing Arguments

The plaintiff’s attorney summarizes the case, emphasizing the key evidence and testimony that support the claim of negligence. The defense attorney responds, highlighting the lack of evidence or alternative explanations for the injury.

Each side uses this opportunity to persuade the jury or judge of their position and clarify the most compelling aspects of their case.

Jury Deliberation

The jury deliberates in private, discussing the evidence and arguments presented. They must reach a unanimous decision in most cases, although some jurisdictions allow a majority verdict.

Verdict

The jury returns with a verdict, deciding whether the healthcare provider was negligent and, if so, the amount of compensation owed to the plaintiff.

The verdict can either be in favor of the plaintiff, awarding damages, or in favor of the defense, absolving the healthcare provider of liability.

Post-Trial Motions and Appeals

Either party can file motions after the verdict, such as a motion for a new trial or a motion to alter the judgment if they believe there were errors during the trial.

If the losing party believes that legal errors affected the outcome, they may file an appeal. An appellate court will review the trial proceedings for fairness, but does not re-examine the facts.

An expert witness plays a crucial role in medical malpractice cases, serving as a key component in establishing whether a healthcare provider acted negligently. Their expertise helps clarify complex medical issues for the judge, jury, and attorneys, making their testimony often pivotal to the outcome of the case.

They can help to establish the standard of care, prove negligence, explain medical concepts, interpret evidence, provide objective opinions, testify in court, rebut defense claims, and even assist in settlement negotiations.

Medical malpractice claims can be complex, and defendants, often doctors, hospitals, or other healthcare providers, employ a variety of defenses to challenge allegations of negligence. These can include:

• Standard of care met: Arguing that the medical provider met the accepted standard of care.
• No causation: Claiming that the alleged negligence did not directly cause the injury.
• Contributory negligence: Asserting that the patient’s actions contributed to their harm.
• Informed consent: Proving that the patient was informed of the risks and still chose to proceed with treatment.
• Blame the patient:  All states allow Defendants to point the finger at the patient, and ask that a jury reduce a damages award due to the negligent conduct of the patient.  The most common allegations of patient negligence are failing to provide an adequate history, failing to follow up with a doctor, medication non-compliance, and failing to get to a hospital in a timely manner once symptoms begin.
• Statute of limitations expired: Defendants may argue that the claim was not filed within the legal time limit.

Understanding these potential defenses can help plaintiffs and their attorneys build stronger cases to counter these common arguments. With the right medical negligence legal help, you can prepare for these defenses and strategize how to navigate such obstacles a defense can throw at you. A surgical error lawyer can be vital in fighting against these common tactics.

If you file a medical malpractice claim, the compensation you may receive typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

These cover the quantifiable financial losses you’ve incurred as a result of the medical malpractice. They include:

• Past medical expenses: Reimbursement for past and current medical bills related to the malpractice, such as surgeries, hospital stays, medications, physical therapy, and assistive devices.
• Future medical expenses: The cost of future medical care, surgeries, treatment, therapy, nursing care, aide and attendant care, and any other care or treatment which will most likely be necessary in the future.
• Lost wages: Compensation for income lost due to missed work while recovering.
• Loss of earning capacity: If the malpractice affects your ability to work in the future, you can receive compensation for reduced earning potential.
• Wrongful death damages: In the event that the malpractice results in the death of a patient, a surviving spouse and surviving children may be entitled to compensation for loss of monetary support and loss of household services that were provided by the deceased victim.

Non-Economic Damages 

These compensate for the intangible losses you’ve suffered, which don't have a direct monetary value but significantly impact your quality of life. They may include:

• Pain and suffering: Physical pain and emotional distress caused by the malpractice.
• Mental anguish: Mental pain, illness, suffering, and/or disease caused by the malpractice.
• Loss of enjoyment of life: If the malpractice prevents you from engaging in hobbies, activities, or other aspects of life you previously enjoyed.
• Inconvenience: Any disruption of normal daily living that resulted from the malpractice, including having to travel to and from doctors, undergo therapy, rearrange lifestyles, etc.
• Disfigurement or disability: Compensation for permanent physical impairment or visible scars resulting from the malpractice.

Punitive Damages

Punitive damages are less common and are awarded to punish the healthcare provider for particularly reckless or egregious conduct. These damages are designed to deter similar behavior in the future.

State-Specific Caps

It’s important to note that some states have caps on non-economic damages in medical malpractice cases. For example, certain states may limit the amount you can recover for pain and suffering, regardless of the severity of your case.

Factors Influencing Compensation

The amount you may receive will depend on several factors, including:

• The extent and permanence of your injuries.
• The cost of future medical care and treatment.
• The degree of negligence demonstrated by the healthcare provider.
• The specific laws in your state regarding medical malpractice claims.

Some states place limits on certain types of damages in medical malpractice cases, particularly non-economic damages such as pain and suffering. These caps vary widely by state, and some states have ruled them unconstitutional.

In many cases, economic damages such as medical expenses, lost wages, and future care costs are not subject to the same limitations. The amount a person may recover can depend on the severity of their injuries, the long-term impact of the malpractice, and the laws that apply to their case.

A Morgan & Morgan medical malpractice attorney in Chicago can help you understand how these laws may apply to your situation and what types of compensation may be available.

If a doctor loses a medical malpractice case, they rarely will be required to directly pay damages to the plaintiff, as settlements and verdicts are typically paid by medical malpractice insurance carriers or self-insured hospitals. Following a verdict, a physician who is found liable for medical malpractice may also receive discipline on their license from their state regulatory board of medicine. This rarely results in a physician’s license being suspended or revoked, as those actions are typically reserved for repeat offenders, egregious mistakes, or intentional conduct.

Medical malpractice specifically involves negligence by healthcare providers, while general personal injury claims can arise from a wide range of incidents, like car accidents or slip and falls. Medical malpractice cases require proving that the provider deviated from the medical standard of care, which is often more complex and involves expert medical testimony.

At Morgan & Morgan, we offer a free legal consultation for medical malpractice so you can learn more about the specifics of your case and what makes it distinctly medical malpractice.

Morgan & Morgan charges no upfront fees for medical malpractice cases.

That means the Fee Is Free™; you only pay if we recover compensation for you through a settlement or verdict. If your case is unsuccessful, you do not owe attorney’s fees.

We handle medical malpractice cases on a contingency fee basis because we believe everyone deserves access to experienced legal representation, regardless of their financial situation.

If you believe medical negligence caused you harm, Morgan & Morgan offers free case evaluations to help you better understand your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our medical malpractice lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex medical malpractice cases.

Your case may be supported by a dedicated team that can include attorneys, paralegals, case managers, and other legal professionals working together to move your claim forward. You may also have a primary point of contact who can help answer questions and keep you updated throughout the legal process.

Yes, you can switch lawyers at any point in your medical malpractice case if you’re unhappy with your current representation. However, consider any financial implications, such as outstanding legal fees, and ensure your new attorney can handle your case effectively.

Morgan & Morgan offers free case evaluations to discuss the possibility of switching to one of our hospital negligence attorneys. You can call us anytime for free and without obligation.

Medical malpractice cases are often complex, requiring extensive evidence, expert testimony, and significant legal resources. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.

Many of our medical malpractice attorneys began their careers defending physicians, nurses, hospitals, and liability insurance carriers before choosing to advocate for injured patients and their families. This experience gives our team valuable insight into how healthcare providers and insurers may approach these claims.

Morgan & Morgan’s attorneys are committed to pursuing accountability when preventable medical errors cause harm. We work with respected medical experts to evaluate claims and help families understand their legal options. Fill out a free case evaluation to learn more about your legal options.