Over the last twenty years, the healthcare industry has exploded to extraordinary heights and that is only going to increase due to recent legislation that is supposed to open hospital doors to a lot more people. With this new class of patients, there are bound to be mistakes and accidents-- generally referred to as 'medical malpractice'. Unfortunately, mess-ups in a hospital or doctor’s office tend to be very costly and dangerous to victims. So it should not come as any surprise that medical malpractice cases are some of the most famous and recognizable cases in all litigation.
Medical malpractice is the broad term given to the injuries that people suffer because of the negligence of healthcare providers. Rosenfeld Injury Lawyers have tried or settled many medical malpractice cases. We understand the byzantine process you have to go through to bring this kind of lawsuit to court and the narrow confines with which you have to return a successful award. They require significant expertise and resources.
However, they are journeys worth taking because medical malpractice leaves behind unimaginable seen and unseen scars over the lives of countless patients. Your attorney should be at your side 24 hours a day to make sure that you are compensated for all of your medical bills, income loss, and pain and suffering. Review the information below and then call us to learn how we can protect your recovery.
The Laws Surrounding Your Illinois Medical Malpractice Case
Medical malpractice cases are a special form of lawsuit. Similar to general negligence claims, they argue that a person or entity acted unreasonably in the circumstances. Yet, they also differ in that they are geared to the healthcare setting. They all must state that some medical professional or company breached a standard of care and that a patient was injured because of that breach.
Of course, implicit in these requirements is that someone actually treats the patient. Treatment is broadly defined as any action or inaction that has an effect on a patient. The “standard of care” refers to the accepted group of practices that healthcare officials usually abide by when treating patients in specific circumstances. It is extremely context- driven.
Additionally, one extra step that plaintiffs must take in Illinois medical malpractice cases is to attach a report to the complaint signed by a medical expert stating that there is a meritorious basis for filing the lawsuit. 735 Ill. Comp. Stat. Ann. § 5/2-622 (Westlaw 2010). Finally, victims of medical malpractice must file their suits within 2 years of discovering their injury or cause of action and no more than 4 years from when the incident occurred. See 735 ILCS 5/13-212.
Illinois Medical Malpractice Case Valuation Statistics
“How much is my medical malpractice case worth?” This comes off the lips of nearly every client we represent and not too long after we begin working on their case in fact. Compensation is the premier motivation for filing a lawsuit. Thus, the question normally arises: how much will there be? While the law does not change, facts do. Your case might not look like anybody else’s so it is hard to give a precise estimate but there are some facts and figures below to give you portrait of what is possible
- The state average for medical malpractice cases is around $2,000,000 to $3,000,000.
- The state median return for medical malpractice cases is well below one million dollars. This number differs from the average because a small group of highly profitable cases pulls the average up.
- 55% of all cases recovered under $100,000 and 25% of all cases recovered more than $1,000,000.
- 44% of all cases in Cook County recovered under $100,000 and 41% of all cases in Cook County recovered more than $1,000,000.
Past Illinois Medical Malpractice Awards And Cases
Medical malpractice is an incredibly broad field of law. It is as varied as the wide range of medicine in which the accidents take place. To better understand what kind and size of recovery may be available to you, look at what others with similar injuries have received. We arranged some of the most common scenarios of medical malpractice below with case summaries to give you and idea of what is possible in litigation. However, you should also contact us if you have been injured by a healthcare provider so that we can explain how the law affects your facts and circumstances.