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Medical Malpractice cases are among the
most costly of all personal injury cases. They also are almost always vigorously defended.
For these reasons, attorneys that practice in this area of the law must be extremely
selective in accepting cases.
The medical professional must have committed a medical error that caused a serious
injury or death.
Medical Malpractice is more than simply a bad
result from medical care and treatment. The medical professional must have done something
or failed to do something that is considered a deviation from the accepted standard in
that area of medicine for the care and treatment that was being administered to the
patient at the time (a "deviation from the standard of care" or a "medical
mistake"). Furthermore, the medical mistake is what must lead to or cause a serious
injury or death ("causation"), in order to warrant prosecution of the claim.
This may sound simple, but many times medical errors are made that do not cause any
serious consequences, or the error is caught and then remedied by the medical professional
involved. The reality is that, unless a serious and permanent injury or death has resulted
from the medical mistake a long and expensive lawsuit simply cannot be justified.
As many as 98,000 Americans die in hospitals each
year as a result of medical errors.
No question, there are many, many medical
mistakes made by physicians, hospitals, and nurses across the United States each year.
Studies quoted in a recent report by the Institute of Medicine estimated that possibly as
many as 98,000 Americans die in hospitals each year as a result of medical errors. The
unfortunate statistics, however, are that the majority of medical malpractice cases that
are tried to juries are won by the Defense. Some of the reasons for this are that people
generally trust, admire, and hold physicians in high esteem. Also, medical professionals
especially in the same local stick together, and will almost never criticize a colleague.
Physicians have little incentive to authorize a
settlement.
Another reason that medical malpractice cases,
especially against doctors, are not easily resolved short of trial is that physicians
typically have a right to approve or reject any settlement. Physicians have little
incentive to authorize a settlement since any settlement in a malpractice case is reported
to a central data bank (unfortunately victims and their attorneys do not have access to
this data base) and is viewed as adversely affecting their reputation and future
insurability.
If you believe that you or a loved one has suffered
as a result of medical malpractice, you should contact our office or another personal
injury lawyer who practices in this area to discuss your situation.
Fill out our online case information form,
call (800) 709-1123, or e-mail us at rfw@injurylawattys.com
Here is how we approach a potential medical
negligence case. After discussing the matter with you, if it appears that medical
malpractice could be involved that resulted in a serious injury or death, all of the
relevant medical records must be obtained. We may request that you obtain these records.
No medical malpractice case can be evaluated without the relevant medical records. You
have an absolute right to obtain a copy of your records. You can obtain a copy of the
records by making a written request to the doctor, hospital, or other medical facility and
most likely signing a medical records release form that they will provide to you.
Depending on the amount of medical care involved, the records can be extensive and cost
several hundred dollars.
The Mandatory Review
Once we review your medical records, we will
then discuss with you whether we believe that there may be a case worth prosecuting and,
accordingly, whether it makes sense to proceed to the next step. The next step is having
your medical records reviewed by a medical professional in the same field of expertise as
the professional whom we suspect of committing medical negligence. This review is
mandatory for cases brought in Illinois (as we will explain below) and certainly a good
idea for any medical negligence case. This review usually costs between $500 and $2500,
although it can cost upwards of that range. This cost must by advanced by the attorneys,
shared, or paid by the client. We determine how this cost is handled on a case by case
basis.
Proving Your Case
One of the reasons that medical malpractice
cases are so expensive to litigate is that you cannot simply go into court and have the
victim and/or family testify about what happened. The law requires that you use an expert
witness or expert witnesses in order to prove your case. Furthermore, in Illinois, you
need a written report from an expert witness who has reviewed the medical records and is
willing to state that a meritorious case exists. This is why, in Illinois at least, you
must have a medical professional review your case before you can even file a lawsuit.
Accepting Your Case
Once we have a written report from a qualified
medical professional stating that a meritorious case exists, then we are in a position to
accept the case, file a lawsuit on your behalf and begin prosecuting the claim. From that
point on, we will advance litigation expenses, which are reimbursed to us from the clients
share of any recovery. Litigation expenses are in addition to attorneys fees.
Attorneys fees in these cases are typically at least a one-third contingency fee.
However, in Illinois, attorneys fees in medical malpractice cases are generally
limited as follows: one-third of the first $150,000, twenty-five percent of the next
$850,000, and twenty percent of any recovery of more than $1,000,000.
We hope that this brief discussion has given
you some insight into medical malpractice cases. Most importantly, if you believe that
either you or a loved one has suffered as a result of a medical error, you need a law firm
that is experienced in litigating medical malpractice cases. Whether it is our firm or
another lawyer, find someone who is qualified to handle this type of complex case and
provide you with the level of legal representation you deserve.
You have nothing to
lose and much to gain by contacting us
for a free legal consultation.
Free Consultations
You may contact us by telephone toll
free at (800) 709-1123
Use our online consultation form or by e-mail.
R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail: rfw@injurylawattys.com

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