Chicago Medical Malpractice Attorneys
Are You or a Family Member Suffering due to Medical Malpractice in Chicago, Illinois?
You or a family member has placed trust in medical professionals to provide you with advice, prescriptions, routine physical examination, or possibly even a life-saving surgical procedure – but you feel that something has gone wrong.
You are perhaps suffering from the devastating physical, emotional and financial after-effects of physician error during your health care.
Your Doctor is Unlikely to Acknowledge Medical Negligence
If you or a loved one has been the victim of medical malpractice due to a doctor or health care provider in Illinois, it can be difficult to know where to turn. It is unlikely that a physician or hospital will come forward and acknowledge an error.
As a result, getting compensation for your medical mistake will require the services of a medical negligence law firm in Chicago.
We Are Here to Give You the Best Chance of Compensation for Your Malpractice Claim
The Chicago medical malpractice attorneys at Rosenfeld Injury Lawyers are committed to uncovering the truth and discovering the facts about medical errors.
We are available for a no-obligation, free consultation on your case to decide the most suitable legal action that works with your best interests. We handle medical negligence cases in Chicago and across Illinois on a contingency fee system where we receive a legal fee only when we have recovered compensation for you.
There is never an expense to talk to an attorney about a case. Contact our law firm for a free case evaluation and 24/7 support in your medical malpractice lawsuit.
We are Committed to Seeking Justice for Medical Malpractice in Chicago
With more than $30 million in recoveries for clients in Illinois medical error injury cases over the past two years, our Chicago-based medical negligence law firm has the experience needed and proven track record to assist you with your legal issue. Your family can count on our Cook County, IL law firm to guide you through the difficult process after a personal injury.
A medical error can cost you thousands of dollars in additional medical care, resulting in long-term disability and pain, or even the loss of a loved one.
When you hire one of our attorneys, you get a professional medical malpractice lawyer who is deeply committed to holding physicians and health care facilities accountable when a patient is harmed.
As with all of our serious injury and wrongful death cases, we handle medical negligence cases on a contingency fee basis. Under these system, we only receive a fee for our legal services when we are successful in obtaining a recovery for you or your family member.
We Have Vast Experience with Medical Malpractice Lawsuits
We have longstanding experience representing people who have been harmed as a result of negligence on the part of doctors, nurses, hospitals, nursing homes and healthcare facilities across Illinois.
We proudly hold these medical providers accountable for injuries, complications and deaths caused by their errors or omissions.
Examples of medical malpractice claims we work on include:
- Surgical errors
- Birth injuries such as cerebral palsy or brain damage to an infant
- Misdiagnosis of an illness
- Anesthesia errors
- Emergency room mistakes
- Misread x-rays or diagnostic testing
- Errors made by nurses or hospital staff
- Unexpected death of a patient
We have seen ‘routine procedures’ go wrong and stand uncorrected. We have seen improper testing procedures by medical providers, leading to misdiagnoses.
We have seen neglect leading to further injury. And we have seen how easy it is for professionals to miss key signs and symptoms, leading to tragedy.
As one of our key practice areas in the Chicago area, we are very likely to have experience with an injury case similar to yours.
If you are seeking compensation for medical negligence, you can be assured that our medical malpractice attorneys will use their vast experience for your benefit.
We Have Won Cases Just Like Yours
What can You Expect After You Decide to Take Action?
When a lawsuit is filed against a medical professional in Illinois courts, the case falls under the category of ‘medical negligence’ and must follow specific guidelines set forth by the state legislature.
Rosenfeld Injury Lawyers has years of experience representing victims of medical malpractice in these cases and is familiar with the procedural requirements to file these cases. Our law office will guide you through the litigation process and keep you advised as your case proceeds.
Once you have engaged with one of our experienced medical malpractice attorneys and have decided to take action on your claim, your lawyer will be by your side through the entire process.
This process can vary, but generally includes four main steps:
- Filing the lawsuit: Your lawyer will ensure you have the necessary paperwork and medical records to file your lawsuit accurately and in a timely manner.
- Discovery: This step involves the gathering of evidence for your case in support of your claim. Your legal representative will do their best to position your case favorably.
- Settlement: To avoid trial and avoid bad publicity, the negligent party may settle out of court. Your lawyer will advise you on what may be deemed a sufficient settlement.
- Trial: If no settlement is reached, your case may go to trial to seek the maximum compensation available to you.
For many medical negligence lawsuits, we draw upon the expertise of expert testimony in the fields of life care planning, vocational counseling and economics to help relay the extent of an injury to a judge or jury who may determine the outcome of a case.
Our Medical Malpractice Lawyers Make Things Easier for You
I was referred to the Rosenfeld law firm by another lawyer and am pleased with them and how my case was handled. They were able to settle the case relatively quickly and kept me updated as it progressed. There isn’t anything I can think of that would have made the process easier for me.
After a horrific series of events at a hospital in the Chicago area that cost the life of my mother, I did some research online. I started reading a lot of the material that Jonathan Rosenfeld had about medical errors and decided to contact him. He made me feel at ease and did a great job with the case.
Three years ago Jonathan Rosenfeld represented my family in a medical malpractice case involving the death of my father at a hospital. Through every step of the lawsuit, Jonathan was there to answer questions that my family continued to have. Jonathan went above and beyond by scheduling meetings with us in the evenings and at our home so my elderly mother wouldn’t have to go to his office.
Our Process1. Documentation
From the time we are retained in a case, we begin collecting relevant records on your case such as medical records, medical bills and information about insurance coverage.
This frequently means medical reports from treating doctors documenting the extent of your injuries and prognosis.
We are committed to getting this information for you so that you can focus on your physical and emotional recovery.2. Investigation
Our law firm begins an investigation into the circumstances related to your case as soon as feasible.
This typically means obtaining police reports, investigative documents and photographs of the scene of the incident.
This may also entail getting statements from witnesses and others who have knowledge of the facts related to your case.
After we have an understanding as to how your accident occurred and your injuries, we will approach the insurance company for the individual or company who caused the accident and attempt to negotiate a full and fair settlement.
If we cannot secure a settlement, our trial attorneys will get a lawsuit on file and get your case prepared for court.4. Settlement
Over 95% of our cases get resolved prior to trial. Many of our cases get resolved during the course of litigation or during a mediation.
Whenever your case gets settled, your lawyer will give you a complete accounting for all legal fees and expenses showing you exactly how much money you will recover.
We provide you full transparency so you are fully aware of the settlement figures.
FAQs on Medical Malpractice Cases
What Damages are Available in a Medical Malpractice Case in Illinois?
The primary damages available in an Illinois medical malpractice case include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, wrongful death, and loss of consortium. The amount of damages recoverable often depends upon the severity of the injury. However, a plaintiff can recover both economic and non-economic damages. Despite attempts to impose limits on this amount, the Illinois Supreme Court has rejected caps on medical negligence cases. In most cases, jury verdicts and settlements are paid by the insurance company for the physician or hospital.
What is the Outcome of Most Medical Malpractice Cases That go to Trial?
Physicians win most medical malpractice cases because the burden of proof lies on the plaintiff. Without specialist legal help, it can be very difficult to prove beyond reasonable doubt that your doctor breached a duty of care in a way that another reasonable doctor would not have in the same situation. To give your case the best possible chance, you should consult an experienced medical malpractice attorney familiar with these cases under Illinois law.
How can I Find out if My Doctor has Been Previously Named in a Medical Malpractice Case in Illinois?
To find out whether your doctor has been named in an Illinois malpractice case, check the website for the Illinois Medical Board. This website will identify whether the physician, surgeon or other healthcare provider has ever lost a medical malpractice claim or lawsuit.
What are the Implications of Signing an Informed Consent Form?
You never give up your legal rights by signing a consent form. A consent form is provided to acknowledge that you understood the known risks associated with undergoing specific treatments, procedures, and surgeries. It does not allow a healthcare provider to offer a substandard level of care as established by the medical community. You still have the legal right to seek financial compensation before the statute of limitations expires.
In Illinois, how Long do I Have to File a Medical Malpractice Lawsuit (Statute of Limitations)?
You must file an Illinois medical malpractice lawsuit within two years from the incident, or the date that the malpractice was discovered, but not more than four years from the time of the alleged incident. For cases involving minors, a lawsuit must be initiated within eight years from the date of the event or before the minor turns 22 years old. If your suit is not filed within these time limits, your case will be dismissed.
In some situations, the statute of limitations may be tolled (put on hold) when a person is under a disability as a result of medical negligence. In these situations, the general statute of limitations doesn't apply. As with all procedural requirements, it is important to discuss your situation with a medical malpractice attorney who can advise you of how the law applies to your situation.
What is the Difference Between a Bad Outcome and Medical Malpractice?
Even the best medical practice and closely followed procedures can lead to a negative impact for the patient. This is referred to as a bad outcome, and does not mean your physician was guilty of malpractice or negligence. If you aren’t sure which you are dealing with, contact one of our experienced attorneys for a free consultation.
Understanding the Context of Your Medical Malpractice Lawsuit
If you decide to pursue a lawsuit, it is helpful to understand the context of your case so that you can prepare yourself for what to expect. Our law offices have put together some useful information for you.Medical Errors are Often Fatal A groundbreaking study conducted by Johns Hopkins University found that more than 250,000 people die each year in the United States due to errors made by hospitals and doctors in an inpatient or outpatient setting. This statistic places medical errors as the third leading cause of death. Not all Cases are Worthwhile to Pursue Not all medical malpractice cases are worth a lot of money. An error made by a doctor which is caught quickly or results in minimal long-term consequences is likely not worthwhile to pursue from an economic perspective – the costs of litigation may equal or exceed a recovery. You can Claim for Non-Economic Damages
When we accept a medical negligence case, we work to explore every aspect of damages compensable under the law of the State of Illinois. Illinois recognizes both ‘economic’ and ‘non-economic’ damages including:
- Pain and suffering
- Loss of normal life
- Past and future medical expenses
- Lost income
- Funeral expenses (in a wrongful death case)
- Loss of society (in a wrongful death case)
How to Support Your Claim of Medical Malpractice
If you think you have been a victim of medical malpractice, you as the plaintiff need to prove various elements for a lawsuit. In Illinois, a medical malpractice case must prove that:
- A doctor-patient relationship existed;
- The doctor owed the patient a duty of care;
- The doctor breached that duty owed to the plaintiff;
- The doctor’s breach of care was the proximate cause of the plaintiff’s injuries; and
- The plaintiff suffered some physical, economic, or emotional damages as a result of the doctor’s conduct.
It is essential to establish that the medical professional being sued has "deviated from the standard of care" and that a competent professional would have acted differently, given the circumstances.
Illinois law requires all lawsuits against doctors and hospitals to have a report from a consulting physician setting forth these "deviations from the standard of care" and that there is indeed a meritorious case.
Don’t Delay, get Your Case Reviewed by a Professional
If you want to seek compensation for medical malpractice, don’t delay action. Contact a Chicago medical malpractice attorney at our law offices; we have successfully guided many individuals and families through Chicago medical malpractice cases.
While we cannot assure you of a successful outcome, our personal injury law firm is committed to taking the steps necessary to prosecute your case to the full extent of the lawsuit in Illinois.
Give your case the best chance - call us today for a free consultation with a Chicago medical malpractice lawyer who will be by your side throughout your lawsuit.