Medical malpractice cases differ from other types of injury cases in that they are often more complex and require proof that a medical professional or facility practiced care that was substandard, comparing that care to that of other similar practitioners in the same field.
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If you have a medical malpractice case against practitioners, consult with a Chicago medical malpractice attorney by calling Ankin Law at 312-600-0000.
Why Medical Malpractice Cases Are Different From Other Injury Cases
According to recent statistics, there are around 15,000 to 19,000 medical malpractice lawsuits against medical professionals every year.
There are multiple key differences between medical malpractice vs personal injury cases. These include the following:
A Specialized Standard of Care
While conventional personal injury cases require plaintiffs to show how a defendant failed to practice “reasonable” care compared to ordinary individuals in similar circumstances, medical malpractice lawsuits involve proving how a professional failed to provide a standard of care equal to that of others in that position.
For instance, plaintiffs will need to prove that a surgeon failed to meet the standard of care expected from other surgeons when making a mistake during a surgical procedure.
A Focus on Expert Witnesses
Another element that sets medical malpractice cases apart is their emphasis on the use of expert witness testimony to prove negligence.
Attorneys often work with medical professionals in the same industry as the defendant to help demonstrate how a doctor or another professional failed to provide adequate care.
Specifically, expert witnesses in a similar or the same field could show:
- What the standard of care is in a particular situation
- How your medical professional or care facility failed to provide that standard of care
- That the lack of adequate care led to malpractice
- That this incidence of malpractice caused you harm and calculable damages
What Makes Medical Malpractice Cases Harder to Prove Than Other Injury Claims?
Part of what makes these cases considerably more difficult to prove than other injury cases is the fact that the patient is typically already injured or ill when seeing a medical professional.
While car accidents and other incidents often cause new injuries, victims of medical malpractice need to show how a professional or facility’s lack of adequate care caused a condition to either develop or worsen.
In many cases, an expert witness could help determine how a medical professional or hospital’s lack of care contributed to a patient’s condition, whether through a misdiagnosis, surgical error, or another form of negligence.
How Do Medical Malpractice Laws Differ From Standard Personal Injury Laws?
You must also consider how the laws differ in medical malpractice cases. When attempting to sue a medical professional or a healthcare facility, you will often require a “Certificate of Merit,” which is a formal document that a medical expert has signed to verify the legitimacy of the medical malpractice lawsuit.
This document indicates that an expert in the medical profession has reviewed your case and believes that the care you received did not meet the standard of care for patients in the same position.
Failure to submit a Certificate of Merit on time could make you permanently unable to file a medical malpractice lawsuit, preventing you from recovering compensation from negligent doctors or other professionals.
You also need to consider the statute of limitations for medical malpractice cases in Illinois. As it happens, the statute of limitations for medical malpractice cases is the same as other personal injury cases, allowing victims two years from the date of the incident or discovery of injury to file a claim or lawsuit.
Why Hire a Medical Malpractice Attorney in Chicago?
If you want to build a strong medical malpractice case against a doctor or another medical professional, it often helps to have a reliable attorney by your side.
There are multiple reasons why you should consider hiring a medical malpractice lawyer:
Proving Fault
One of the main reasons for hiring a lawyer if you have a medical malpractice case is the ability to prove that a medical professional, hospital, or another party was at fault for causing injury or illness.
It’s often difficult to prove fault, and more than one doctor may be liable, which is why it’s essential to have an attorney to help collect evidence and show how professionals practiced negligent care.
Getting Expert Testimony
As mentioned, it’s important for victims to have expert witnesses available to testify in their favor in medical malpractice cases.
Professionals in the same field could effectively show how a negligent doctor or facility failed to provide a level of care that’s acceptable in that profession.
Additionally, expert witnesses could sign a Certificate of Merit confirming that the case is viable.
Developing a Legal Strategy
Another reason to hire a lawyer is to put together a specific legal strategy that really works. Your attorney could identify all of the elements factoring into your case and determine the best possible approach to recover total compensation.
In the process, he or she can gather evidence, such as medical records, and negotiate with insurers if you decide to file a claim against the liable party.
Quantifying All Compensation
Your lawyer could also help calculate all available compensation in your case based on the damages, including costs associated with treatment and recovery and pain and suffering.
Determining the total amount of compensation is crucial before building a case, as insurance companies often aim to make lower offers than what victims can actually recover in a claim.
For help with a claim or lawsuit, contact Ankin Law today to speak with an experienced Chicago medical malpractice attorney in a free consultation. At Ankin Law, we can evaluate your case and determine what options are available to you when it comes to seeking compensation.
FAQs
Why are medical malpractice cases treated differently from other injury cases?
Unlike other types of personal injury cases, medical malpractice cases involve comparing highly specialized medical professionals to others with a similar background and occupation to determine whether the professional or facility met the “standard of care” expected in that profession.
What extra proof is required in a medical malpractice claim?
In addition to many pieces of evidence that contribute to personal injury cases, medical malpractice cases may involve other key evidence, such as expert witness testimony from other medical professionals, more exhaustive medical records, and an affidavit or certificate of merit from a medical expert verifying the legitimacy of the lawsuit.
When should I contact a medical malpractice attorney?
If a medical practitioner failed to meet the standard of care and caused harm to you or a loved one, contact a medical malpractice lawyer to discuss the possibility of building a case and seeking compensation.
