Chicago Medical Malpractice Lawyer

Medical Malpractice & Medical Mistakes

It is estimated between 45,000 to 100,000 hospital patients in the United States die each year from medical malpractice. That is between nearly 123 to 230 deaths per day. By comparison, the number of breast cancer deaths is about 42,000 per year and about 44,000 traffic accident fatalities per year. Many victims of  medical malpractice suffer brain injury, lifelong paralysis, birth injuries such as cerebral palsy, loss of limbs and lifelong pain and suffering.

Medical negligence occurs when a doctor or other healthcare professional fails to properly treat a patient and the improper treatment causes the patient to suffer an injury. This is known as a deviation from the standard of care. To win a medical malpractice case, you need to prove that the medical provider deviated from the standard of care and you were damaged as a result. 

Medical malpractice cases are especially hard fought and almost always involve litigation, in which a lawsuit must be filed.  In order to establish a deviation from the standard of care, our firm must hire medical experts in similarly situated medial specialties to the ones we sue to testify.  Hiring good, highly competent expert witnesses is vital to the success of a medical malpractice case.

In Illinois, the Code of Civil Procedure requires our firm to hire a medical expert before a lawsuit can be filed to specifically identify in a report what the medical malpractice (deviation from standard of care) was and that a meritorious case a medical malpractice exists.  This requirement is found at 5/2-622 of the Illinois Code of Civil Procedure.

In addition to hiring experts to establish a deviation from the standard of care, medical experts are also necessary to establish "proximate cause".  Proximate cause is the relationship between the deviation from the standard of care and the damage caused by it.  Without this testimony either from a hired expert or from the victim's own treating doctor, you cannot win a medical malpractice case.  Of course, hiring these experts is expensive and requires hiring a Chicago medical malpractice lawyer with sufficient resources to fund the case.

The out-of-pocket costs to pursue a medical malpractice case can be extensive.  It is not unusual to spend $50,000 to $200,000 and more in out-of-pocket costs to pursue a medical malpractice case.  This high cost makes it impossible to pursue small injury medical malpractice cases.  Unfortunately, doctors, nurses, hospitals, other medical facilities and their medical malpractice insurance carriers know this and force litigation in almost all cases.  It is important to hire a Chicago medical malpractice lawyer who is experienced, who can accurately review your case to make sure one exists and can afford to handle the extensive costs necessary to pursue your serious medical malpractice case.   

Some examples of medical malpractice cases that can be pursued include:

• Failure to diagnose a medical condition
• Misdiagnosis of a medical condition
• Failure to properly treat a patient's medical condition
• Failure to safely administer anesthesia
• Failure to manage a pregnancy or deliver a baby in a safe manner
• Failure of a nurse or other staff member to keep a treating physician informed of a patient's condition
• Failure to administer medications properly
• Failure to protect a patient from a fall or other injury on hospital property

The sad reality is that most victims of medial malpractice, including injured victims and surviving family members, never realize they were victimized.  The medical profession has practiced a cloak of secrecy for a long time. As soon as an event occurs, many medical professional seek to hide the errors to limit their risk.  Hospital risk management teams swoop in, trying to suppress evidence and "limit the risk". Only a small percentage, about 15% of medical mistakes resulted in a lawsuit being pursued.

Most physicians perform their job admirably. In fact, one study in the West Virginia Sunday Gazette Mail shows that just 40 doctors were responsible for more than 25% of the 2,300 reported cases of medical malpractice between 1993 and 2001. In Kentucky, only 16% of the state's doctors were responsible for 100% of the medical malpractice there from 1992 through 2001. However, fewer than 30% of doctors disciplined for a variety of medical mistakes had to stop practicing.  In Illinois, the Illinois Department of Professional Regulation is responsible for the licensing and disciplining of many medical professionals, including doctors, chiropractors, nurses and physical therapists.  In addition, individual hospitals can suspend or revoke medical privileges from those that practice within their walls.  Unfortunately, this is not done often enough.

If you or a loved one has been a victim of medical malpractice, it is important to have and experienced Chicago medical malpractice attorney on your side. With years’ of experience handling medical malpractice cases, Nemeroff Law Offices has the knowledge and resources to appropriately litigate your claim in order to obtain justice

Free Consultation

We offer a free consultation to evaluate your legal case. It will cost you nothing to consult with a lawyer to see if you have a case. It is essential that action be taken promptly to preserve evidence, investigate the accident and/or conduct in question and to file a lawsuit, when necessary prior to a deadline imposed by the statute of limitations.

No Fee Unless We Win Your Case

We give all our personal injury, workers' compensation, wrongful death and medical malpractice clients a promise that if we do not recover monetary damages in your case, we will not charge you an attorney fee. If we take your case, we only get paid if we win your case.

Call Nemeroff Law Offices today at 312–629–8800 or fill out our Contact Us form online.