Illinois Medical Malpractice FAQ's

Medical Malpractice is often seen as one of the most complex of personal injuries with regards to establishing a solid case for you against the negligent physicians, hospitals, and their respective staff. Guesswork and uncertainty have no place at all within the medical malpractice claim and injury areas.

  1. What does medical malpractice mean?
  2. How does the court decide if a health care worker was negligent?
  3. Do all medical malpractice lawsuits go to trial?
  4. I signed a consent form before I had my procedure that caused the injury. Does that mean I cannot pursue a medical malpractice case?
  5. What should I do if I think I may have been injured due to medical negligence?
  6. My operation did not get the results I was hoping for. Can I file a medical malpractice lawsuit?
  7. How much does it cost to hire an Illinois malpractice attorney?
What does 'medical malpractice' mean?

Medical malpractice is negligent, improper or unskilled care performed by a medical professional, such as a doctor, nurse, dentist or other health care worker, that results in the harm of the patient. Medical malpractice lawsuits generally are filed when one of these health care professionals deviates from what is considered the normal standard of care for others in the same field and this deviation results in the injury or even wrongful death of a patient.

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How does the court decide if a health care worker was negligent under Illinois law?

In most cases, experts in the field will testify what is the expected level of care for patients in the same circumstance and whether the doctor or healthcare professional met this level of care. If their actions are deemed to fall below the standard level of care, and it resulted in harm to the patient, then they may be found negligent.

medical malpractice q&a's

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Do all Chicago medical malpractice lawsuits go to trial?

No, many never even make it to the point of filing a claim. In the state of Illinois, to even file a Chicago medical malpractice suit, an expert in the medical field must fill out an report stating that they believe that there may be grounds for negligence, and this along with a signed affidavit must be presented to the court by the attorney and approved. Only after this process can the lawsuit move forward. Some cases may be settled before a lawsuit even is filed, or even after it has been approved. However, there are others that must go to trial if a settlement cannot be agreed upon.

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I signed a consent form before I had my procedure that caused the injury. Does that mean I cannot pursue a medical malpractice case?

No, the consent form does not protect a medical professional from liability if they were negligent and caused harm. Consent forms are meant to inform patients of possible risks of a procedure, but medical malpractice lawsuits are based on negligence on the part of the doctor or hospital. If your injury was caused by their negligence, then you may be a victim of medical malpractice. This means that they did not adhere to the standard level of care that is expected when performing that procedure, and this resulted in your injury.

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What should I do if I think I may have been injured due to medical negligence at an Illinois hospital?

Meet with an attorney that is experienced in handling Illinois medical malpractice cases to discuss your situation as soon as possible. There may be a statute of limitations on how long you have to file, so it is important to talk to an attorney as soon as you believe you may have a case. Our experienced medical malpractice lawyers will meet with you for a free consultation to discuss your options.

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My operation did not get the results I was hoping for. Can I file a medical malpractice lawsuit?

Results are not usually guaranteed and even though a procedure was not successful, that does not necessarily mean that there was any type of negligence. Only if you were harmed due to negligence during the operation would there be grounds to pursue a medical malpractice case.

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How much does it cost to hire an Illinois malpractice attorney?

Our attorneys are paid on a contingency fee, which means that none of our clients pay upfront for our services. If we take an Illinois medical negligence case, we will accept the responsibility to spend the time and resources needed to pursue recovery of damages for our client. We only are paid for our services if and when we have obtained a financial award for our client.

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When it comes to Illinois medical negligence cases, prepare for war, hope for peace

From a statistical perspective, Illinois medical malpractice cases are some of the most difficult cases to pursue. In Illinois courts, juries side with doctors more than 80% of the time in medical malpractice lawsuits. Knowing the uphill battle faced in Illinois medical malpractice cases, Rosenfeld Injury Lawyers aggressively litigates medical malpractice and birth injury cases knowing that in addition to the life-changing injuries our clients have sustained, we face substantial headwinds in the path to our recovery.

A commitment to the successful prosecution of our cases is what sets Rosenfeld Injury Lawyers apart from other attorneys who claim to handle these matters. Contact us for a free case evaluation if you or a loved one has been hurt at the hands of a medical practitioner or medical facility by calling 888-424-5757 for assistance where you can speak to a medical malpractice attorney who has experience handling cases like yours.

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