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Illinois Medical Malpractice Lawyer
We routinely trust our health, and sometimes our lives, to the care of physicians, surgeons, and other medical professionals.
On occasion, careless and irresponsible actions during medical procedures cause us additional injuries that facilitate the need for additional medical care. If you feel that a doctor or surgeon did not act as any of his or her peers would have under similar circumstances, you may have the grounds to file an Illinois malpractice lawsuit, but these cases can be challenging to win.
The Illinois medical malpractice injury attorneys of Rosenfeld Injury Lawyers LLC understand what is required to win these cases and can ensure the highest chance of success.Medical Malpractice is Notoriously Difficult to Prove in Illinois
Data gathered over the last decade has allowed us to debunk many of the claims made by the media and insurance companies in regards to the efficacy and success rate of malpractice claims. Roughly three out of ten cases that reach the trial end in judgment in favor of the plaintiff, which means the defendant wins 70% of the time.
There has been a longstanding misconception that having your case tried in Cook County will increase your chances of success, but over the last ten years, there has only been a 2% variance in the number of cases tried in Cook County compared to all others.
The reason for this low rate of success is that the law favors doctors and medical professionals to discourage frivolous lawsuits. Proving that the doctor violated his duty of care is the most challenging aspect of medical negligence case because it requires convincing testimony and evidence that assert beyond any doubt that the doctor acted unreasonably.
Regardless of whether an attorney moves a case to what is perceived as a more favorable venue, this burden of proof always needs to be overcome.Insurance Companies Take Advantage of Low Malpractice Success Rates
Surgeons, physicians, and hospitals are all insured so that they may be able to provide compensation if they harm one of their patients, or a staff member acts negligently.
The insurance companies often try to settle matters outside of court if they feel it would be more advantageous and less expensive to settle than to allow the case to proceed before a jury. Unfortunately, they consistently offer settlements that are not in the plaintiffs' best interests, and those settlements limit the ability of those who accept them to any further legal recourse.
Over a five-year study, it was found that settlement offers in Illinois were rarely sufficient to provide victims with adequate compensation beyond their court costs, and less than 10% of settlement offers exceeded $500,000. During this time frame, 500 cases were studied, and 43 received offers of $500,000 or higher out of 140 settlement offers in total. Remarkably, of 140 cases in which an offer was made, and the plaintiff chose to proceed to trial, only six resulted in a verdict less valuable than the offers.
If you are offered an out of court settlement, it is imperative to go over the fine print with an Illinois personal injury law firm to determine whether it is in your best interest to accept the offer.How to Maximize Your Chances When Filing a Medical Malpractice Claim
It is understandable to be frustrated and to continually question whether you are making the proper legal decisions when you are pursuing litigation due to medical errors or injuries. You or a family member may wonder if you have a valid medical malpractice claim against your medical provider and if you can prove they had a breach of duty when they provided their standard of care. You may wonder if the medical facility documented their mistakes and surgical errors in the injured person's medical records.
You may feel that passing on an offer is not in your best interest due to the low rate of successful malpractice claims, and you might be (rightfully) wary of settlement offers that don't seem to have your interests at heart.
You may be unaware that your financial losses now may increase in the future when you require additional treatments, surgery, hospitalization, or care. Having an experienced medical malpractice law office with a proven track record of success becomes invaluable.The Benefits of Legal Representation
The Illinois personal injury law firm of Rosenfeld Injury Lawyers LLC uses a layered approach to improve the chances of successfully recovering compensation on our clients' behalf. The first step we take is to evaluate your case and perform an investigation that will allow us to understand your circumstances, precisely what happened, and how it contributed to your injuries.
We rely on experts in relevant schools of medicine in the United States to allow us to gather an accurate assessment of whether your surgeon or physician violated the duty of care. Those same medical experts can then be called upon to provide testimony and an affidavit of merit in your favor and to help counter any claims by the defense that the defendant acted completely as any of his or her colleagues would have.
Our legal professionals also have access to experts who can accurately value your claim by assessing the upfront cost of paying for the medical treatment required to make you whole again while figuring in out of pocket costs, long term health care or rehabilitative therapy and other factors such as the loss of income and diminished earning potential in addition to the value of your pain and suffering throughout your ordeal.
It is a combination of all this compelling testimony and our extensive knowledge of medical tort law that make us the leading firm in Illinois when successfully prosecuting medical negligence matters.Hiring an Illinois Medical Malpractice Lawyer
Contact our legal team today to arrange a free consultation with one of our Illinois medical malpractice injury attorneys to review your case and go over the legal options available. We will answer your questions and concerns and let you know the exact chances your case has of success and how best to proceed.
Medical malpractice cases are no sure thing, and we understand that many victims of medical malpractice are already facing substantial financial burdens. Therefore, if we are unable to secure financial compensation on your behalf, you can be assured that our services will ultimately come free of charge. Rely on our years of experience to ensure that all the necessary paperwork required for your medical malpractice lawsuit is filed before the statute of limitations expires.
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