We could help you go after compensation if you were the victim of medical malpractice in Mount Prospect, Illinois. These cases are challenging. Our state does not force you to work with a lawyer on your case. However, it can be overwhelming to act as your own attorney on a medical malpractice claim.
How Can Our Mount Prospect Lawyers Help with Your Medical Malpractice Case?
Very few people are in a position to handle a medical malpractice claim on their own without an attorney to help them. Here are some of the reasons you could have us handle your case.
There are Different Rules for Medical Malpractice Lawsuits
Illinois law (735 ILCS 5/2-622) requires the plaintiff in a medical malpractice case to file an “affidavit of merit” with the initial papers that start the lawsuit. The affidavit has to meet the statutory requirements, which include that:
- The plaintiff or the plaintiff’s lawyer consulted with and reviewed the facts of the case with a health professional.
- The person who signed the affidavit (the affiant) reasonably believes that the health professional is knowledgeable about the issues of the malpractice case.
- The health professional current practices in the relevant medical field or has practiced or taught in the relevant medical field within the last six years.
- That the health professional reviewed the plaintiff’s medical record and other pertinent material.
- The health professional believes that the medical malpractice claim has merit.
When you want to file any other kind of personal injury lawsuit, like a car accident case, you do not have to file an affidavit. This document would involve an expert in the field confirming that your case has merit. You simply file your paperwork with the court and prove your claims.
Medical Malpractice is Sophisticated Litigation
You have to prove that the doctor, hospital, or healthcare provider committed medical malpractice. This is the only way to win your case. The standard of medical malpractice is different from the definition of negligence in all other personal injury claims.
Complicated medical information is the heart of these cases. Most medical malpractice victims do not have this specialized type of knowledge. Going up against the medical malpractice defense law firm yourself is like taking a knife to a gunfight. The defense attorneys handle hundreds or thousands of these cases and are used to dealing with this type of litigation.
These Cases are Expensive
Illinois law forces you to use at least one healthcare expert in your medical malpractice case. Medical experts can charge hundreds of dollars an hour. Just one day at court could cost you thousands of dollars in expert fees.
When you try to handle your own medical malpractice case, you have to pay these costs out of your own pocket during the lawsuit. When you work with our lawyer taking cases in Mount Prospect, we pay these costs on your behalf. We will wait until the end of the case to get reimbursed from a portion of your award.
How Much Money Can You Recover in a Medical Malpractice Case?
Medical malpractice claims usually involve both economic and non-economic losses. Economic damages are those that you can easily quantify in dollars. These could include medical expenses and lost income. Non-economic losses are not as easy to measure in dollars, like disfigurement or pain and suffering.
Medical Expenses in Medical Malpractice Cases
A medical malpractice plaintiff most likely already had medical expenses from the healthcare services in which the negligence occurred. The plaintiff cannot list these preexisting healthcare costs on their demand letter for their negligence-related losses, though.
These damages can include the extra healthcare expenses caused by negligence. Let’s say that a surgeon accidentally leaves a metal instrument inside the patient during an operation.
The patient does not get the original surgery for free. However, the doctor could be responsible for the costs of additional healthcare services the patient needed. This can include follow-up surgery to remove the foreign object.
If you missed out on income because of medical negligence, you could include that loss in your claim. Lost wages, salary, self-employment, and other forms of regular income can fit into this category.
Lost wages can encompass past and future income losses. You could have lost future income potential due to lingering problems from negligence. This can look like:
- Having to reduce your working hours
- Taking a lower-paying job
- Leaving the workforce entirely because of an impairment
“Pain and suffering” refers to the physical discomfort and emotional distress a person endures as a victim of medical malpractice. If someone develops large scars from the negligence, they might have a claim for disfigurement damages.
Another type of non-economic loss can be loss of enjoyment of life. Let’s say that a patient became permanently paralyzed from the neck down surgical malpractice. Being robbed of the ability to walk or hold one’s child can take away a person’s joy for life.
Illinois used to limit the amount of non-economic damages a successful medical malpractice plaintiff could recover. The Illinois Supreme Court struck down that law, declaring it unconstitutional.
How Much Time do You Have to File a Medical Malpractice Lawsuit?
To file a lawsuit, Illinois law in 735 ILCS 5/13-212(a) only gives you two years from:
- The date of the medical negligence
- When the victim discovered the negligence
- When the negligence should have been discovered
In some situations, the limit can be longer. However, it is best to act quickly. Mount Prospect negligence victims like you do not have to go through this experience alone. Your lawyer can battle a multi-billion-dollar liability insurance company for you. The Kryder Law Group, LLC helps victims of medical malpractice.
Hire The Kryder Law Group, LLC, We do not Upfront or Hourly Fees
We take these cases on a contingency-fee basis, which means that you do not have any upfront legal fees or litigation expenses. We get paid for our work and reimbursed for the out-of-pocket costs when you win.
You can call The Kryder Law Group, LLC today at (312) 223-1700 for a free, no-obligation consultation.