5 Reasons to Hire a Chicagoan Malpractice Lawyer
If you or a family member was harmed by a medical mistake or negligence, you may be entitled to significant compensation. However, filing a lawsuit and building an effective case is a lengthy and complex process. The Illinois medical malpractice laws and procedural rules are filled with technicalities and exceptions. Therefore, you will be more successful when you hire a Chicagoan malpractice lawyer.
What is Medical Malpractice?
When a physician or other medical provider makes a mistake that causes serious harm to a patient, it is considered medical malpractice. One of the legal principles used to determine malpractice is whether a patient suffered harm because a doctor failed to comply with “a reasonable standard of care.”
5 Reasons to Hire a Chicagoan Malpractice Lawyer
1. Strict statute of limitations
A plaintiff must file a lawsuit within a certain time period after the harm or injury occurred or was discovered.
In Illinois, the statute of limitations for medical malpractice claims is two years. This time period begins on the date the victim discovered or should have discovered the injury. However, all claims must be filed no more than four years after the malpractice occurred. For minors, the statute of limitations is usually longer.
Chicagoan malpractice lawyers agree that it is better to file your claim as soon as possible. If you file too late, your case may be dismissed and you won’t receive the compensation you deserve.
2. “Affidavit of Merit” requirement
Illinois malpractice law requires plaintiffs to consult a medical professional who is knowledgeable about the relevant issues of the case.
In addition, the health care professional must submit a written affidavit stating there is “reasonable and meritorious cause” for the lawsuit.
If the plaintiff does not provide this affidavit within the allotted time, the lawsuit may be dismissed. A Chicagoan malpractice lawyer will locate an appropriate expert and obtain the necessary documents according to the specified deadline.
3. Illinois has no caps on damages in medical malpractice cases
Many states have caps on the amount of compensation a plaintiff can receive in a medical malpractice lawsuit. In Illinois, no such caps exist. This applies to economic damages such as medical bills, lost income and non-economic damages such as pain and suffering.
Non-economic damages, which can be substantial, include many things in addition to pain and suffering. They may include loss of consortium (companionship), reduced enjoyment, anxiety, disfigurement and other adverse consequences of the malpractice. These damages can also apply to negative effects the victim and other family members experience.
Because damages are unlimited, you are likely to receive a larger settlement with a skilled Chicagoan malpractice lawyer on your side.
4. Malpractice can be difficult to prove
Accusing a physician of malpractice is a serious claim that can affect a medical professional’s reputation and finances. Consequently, these cases are taken very seriously, and plaintiffs must provide considerable proof in order to receive compensation.
Generally, a plaintiff must prove a medical professional or facility was negligent, and that this negligence caused a new injury, illness or condition.
To accomplish this, the injured party has to provide numerous medical records and other documentation. A qualified Chicagoan malpractice lawyer is best equipped to handle this daunting and time-consuming task.
5. If your case goes to trial…
While many medical malpractice lawsuits are settled out of court, some proceed to trial before a judge and jury. If this happens, a Chicagoan malpractice lawyer with extensive courtroom experience will prepare and present a winning case.
Medical malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free no-obligation consultation.
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