Chicago Medical Malpractice Lawyer Tells What You Are Up Against.

Chicago Medical Malpractice Lawyer Reveals the Little Known Nature of Medical Malpractice Cases, and What You Need To Know If You Suspect Medical Malpractice.

You know, the people I talk to who have had a medical malpractice case usually feel betrayed, angry and frustrated. It’s easy to understand why. You go to a hospital or a doctor to make you or your loved one better. Not worse.

You certainly don’t go there to make you or your loved one or you worse. 
Any medical care can result in a bad outcome.

When a doctor makes an obvious mistake or doesn’t listen to the patient and his or her family, or is rushed and doesn’t seem to be paying attention?  Well, it is hard to be very forgiving under those circumstances.

And the law in Illinois says you don’t have to forgive or forget. In other words, you have a legal way to get answers and be compensated.

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What is medical malpractice?

Medical malpractice occurs when a medical professional commits a medical error out of failure or neglect to follow their medical duties. These errors result in the injury of the patient, which can manifest in a number of different short or long-term results.

In other words, medical malpractice is when a doctor or other medical provider doesn't follow the rules that doctors are supposed to follow, and as a result, someone gets hurt.

Medical malpractice errors can lead to physical injury, mental injury, or in the most serious cases, death. Regardless of the outcome, you need to work with an experienced medical malpractice law firm in Chicago to get the results you deserve.

Think of it as medical negligence – a situation in which a doctor fails to fulfill their duties to the standards demanded by their profession.

However, remember that just because a given medical procedure did not go according to plan, that does not necessarily constitute medical malpractice.

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Should I Talk to a Chicago Medical Malpractice Lawyer?

Medical malpractice cases are very complex. Getting a free consultation is a very, very good idea.  You should talk toa medical malpractice lawyer in Chicago right away if you have any question about what was done to you or a loved one.

Simply, a lawyer who is familiar with this type of case can answer your questions for free and put your mind at ease.  And if you have a case, a good medical malpracticve attorney can tell you what your next steps should be and if you have a case.

I would be hapy to speak with you and hear you out.  My consultations are always 100% free and no obligation.

"How Can I Know If I Have A Good Medical Malpractice Attorney?"

Communication is key.  If the lawyer you speak with seems rushed or will not return your calls, he or she may not be the best fit for you.  If they are rud eor aggressive towards you, my advice is to consult with good medical malpractice attorneys.

A good medical malpractice attorney will usually be an experienced attorney who has practiced injury law for a long time.  These kinds of lawyers ask a lot of questions and are willing to talk to you and answer your questions.  

Of course, giving opinions about a case is a bad idea unless the Chicago medical malpractice lawyer has all of the facts and data and medical records. These things can take quite a bit of time to assemble.  That's why I encourage anyone who suspects medical malpractice or doctor error to consult with a good medical malpractice attorney as soon as you suspect that a mistake was made.

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How Soon Should I Talk to a Chicago Medical Malpractice Lawyer In Chicago After I Suspect Something Went Wrong?

As soon as possible.  As we have already discussed, a medical mistake case presents a lot of complexities.  Here are a few of the things a Chicago medical malpractice lawyer must consider:

  1. Identifying every doctor, nurse, hospital and other medical provider who was or might have been responsible for the medical errors that caused the injuries.  That's because we have a 2 year deadline to identify everyone and name them in the law suit and put them and their insurance on notice regarding your case or claim.
  2. Making sure we have all of the medical records, including complete sets of medical records from every provider.  This can be harder than it seems because sometimes medical providers do not turn over everything, and it can be a fight to get what we need.
  3. Finding a qualified and willing doctor to review the medical records and write a report for us.  It is not enought to have a 'bad outcome'.  An expert must review your case and all of your medical records and believe that the doctor made a clear mistake which led to your or your loved ones injuries.
  4. Figuring out exactly what harm and injuries are caused by the medical malpractice, and what harms and injuries are related to other factors. We can only claim injuries and losses for injuries resulting from the actual medical mistake.

These are the biggest things we as Chicago medical malpractice lawyers have to contend with in putting a case together.  And, whether it is clear or not, this can take a heck of a lot of time and effort.

That's why I tell people to call a medical malpractie lawyer in Chicago as soon as possible after they suspect a medical mistake.

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How long does my lawyer have to file a medical malpractice case?

A person who got hurt or whose loved one got injured or killed due to medical malpractice has 2 years from the date of mistake to file a law suit.  If you miss the deadline, your case may be over forever.

But, there are special exceptions in medical malpractice cases called "The Discovery Rule" and "The Continuing Course of Treatment Doctrine" which can extend a Statute of Limitations.  But talk to a Chicago medical malpractice lawyer about these, because they can be complicated.

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Where Can I Find Good Medical Malpractice Attorneys?

Checking Google Reviews is one way.  My reviews are quite good and are all real reviews.

Watching videos on YouTube is another. It has the added bonus of you getting a feel for the honesty of the lawyer, as well as educating you about medical malpractice law at the same time.

You can check out my medical malpractice videos here; or my main page on Youtube where I have over 200 information packed videos that tell you all about injury cases and how to get a full settlement here.

You should definitely call good medical malpractice lawyers for a free consultation to see if they can help you.  The sooner you do it, the better chance you have at a good outcome in your injury case.

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What Does It Cost For A Chicago Medical Malpractice Lawyer?

You never pay anything out of pocket.

The consultation and talking to the lawyer is free.

The medical malpractice lawyer works on your case for free. and only gets paid if they win your case.  They get paid a percentage of what they win for you in settlement, mediation, arbitration or trial.  The fee is set at 1/3 (33 1/3%).

Speaking with a medical malpractice lawyer is all upside, no downside.

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How prevalent is medical malpractice?

More common than you may think.

According to the Journal of the American Medical Association, medical malpractice is the third-leading cause of death in the U.S., ranking right behind heart disease and cancer.

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What should I do?

If you think you are the victim of medical malpractice, we strongly suggest the following:

  • Please, consult with a lawyer.  It is the only weay you can really know if you have a case and iot gives you tyour only realistic chance to win.
  • Document everything you can. Because this is a scary and stressful time, you will forget details that may be important. Document dates, times, names of doctors and nurses and dosages, among other things.
  • Be descriptive in your notes and try to document as things are happening, if possible. Even if you are not contemplating a lawsuit, documenting the details can help you during this stressful time.
  • Ask questions. Questioning health-care providers can be intimidating, but this is not a time to be hesitant. Asking question can be pivotal in getting the damages you deserve. Ask how your injuries occurred and how they will be remedied. As a patient, you have a right to know what happened.
Advice for You

There are three things I want to outline for you very quickly. And these are the same three things that I tell people who call me. 

First, understand that medical malpractice cases are expensive, complicated and often take a long time to settle or resolve.

In a medical malpractice case, the harm that the doctor does to you cannot just be a bad outcome. It has to be a mistake that a reasonably qualified doctor would not make.

In order to prove that in court, we have to have all your medical records and have them reviewed of the appropriate specialty before we even file a lawsuit. If the reviewing doctor agrees it was malpractice, then a Chicago medical malpractice lawyer can proceed to court.

If the reviewing doctor does not agree, then we cannot proceed or we need to find another doctor. A reviewing doctor costs thousands of dollars and sometimes, tens of thousand dollars (or more) if we want them to be expert doctors in these cases.

That means that a medical malpractice case can cost lots of money right at the beginning. That is why a Chicago medical malpractice lawyer is very careful about collecting detailed information in screening these cases to make sure that the case has merit.

Second, you usually need to have a serious permanent injury. This is sort of related to the first point we just talked about.

Because medical malpractice cases are so time consuming and expensive, we have to make sure that the injury or harm caused by the doctors’ mistake is large enough. This is so that when a jury hears a case, they will award enough money to make economic sense to handle the case.

If the medical mistake kills someone, cripples them, or causes them to undergo lots or more medical treatment, then damages are probably big enough to proceed in a medical malpractice case.

On the other hand, a temporary injury that gets better or a close call but you don’t get hurt, is not likely to be awarded enough money in front of a jury to offset all those case costs. It’s unfortunate that many doctors and hospitals get away with making these kinds of mistakes.

However, unless the injury is big enough, we can’t proceed with a case.

Third, you must speak with a Chicago medical malpractice lawyer. 

Medical malpractice cases are very complicated. Even your statute of limitations or deadline to file a lawsuit can be different in a medical malpractice case. It is a very bad idea to go at it alone or delay in speaking with a lawyer.

If you suspect that you or a loved one has been a victim of medical malpractice, the first thing you should do is obtain your medical records. The second thing is that you should contact a lawyer to review the case for you.

Even if the first lawyer you speak with does not agree to take the case, I always tell people in medical malpractice that you should get a second or third opinion if your first lawyer rejects the case.

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Why Hire a Medical Malpractice Lawyer in Chicago?

The severity of medical malpractice should not be underestimated. If you or someone you love has been a victim of medical malpractice there are legal paths available to you.

Even with the help of a great Chicago medical malpractice law firm, these cases are difficult to win. However, your chances drop significantly if you choose to employ an average litigator.

Medical malpractice attorneys in Chicago are here to help your case receive the best possible outcome. They ensure that the offending professional receives the appropriate consequences and does not have the opportunity to hurt another patient.

At a time when you are dealing with added pain and suffering due to someone else’s negligence, the last thing you want is the stress of trying to get the compensation to which you are entitled.

You need a medical malpractice lawyer in Chicago who can guide you through the process and fight for your rights so you don’t have to. You will be able to get the money you are owed for your injuries, including money for medical bills, time missed from work and pain and suffering.

Depending on the severity and longevity of your injuries, you could be entitled to benefits for the future as well. We will help you figure out what you should ask for and help you get what you deserve.

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Tort Reform and Damages Caps

Medical malpractice suits have become increasingly difficult to win because medicine is big business and big business protects itself. The healthcare industry is doing this by constantly lobbying the government to set all sorts of roadblocks in the way of wronged patients.

“Standard of care” is a term in medical malpractice suits that gets thrown around quite a bit. It’s usually the key in determining the verdict of a case.
 If you’re in Illinois and you’ve been the victim of medical malpractice, you’ll need a Chicago medical malpractice law firm to help.

Standard of care and other laws differ from state to state. A professional is familiar with the laws applicable to your case and will make case-specific arguments on your behalf. Another big factor in deciding medical malpractice suits is the level of “acceptable risk.”

For example, let’s say you’re undergoing chemotherapy. Chemo carries risks for a long list of side effects, including permanent lung damage. If you underwent chemotherapy and your lungs were permanently damaged, you’re unlikely to have a case.

Permanent lung damage would be considered an acceptable risk and it is possible your doctor wouldn’t be held liable. Understanding standard of care and levels of acceptable risk is best left to the professionals.

There are thousands of cases that a Chicago medical malpractice lawyer has dealt with and studied. The expertise gained from this experience and knowledge is irreplaceable when a medical malpractice suit hangs in the balance.

The Law Office of Scott D. DeSalvo will help create the strongest medical malpractice lawsuit for your case. We are a team of experienced attorneys who specialize in medical malpractice and understand the complex nature of these types of lawsuits.

We understand how devastating a medical error can be to someone’s health and are dedicated to making sure you receive fair compensation and that the professional cannot hurt another person.

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Get the Results You Deserve

If you or a loved one may have been victimized by medical malpractice, it’s critical to contact a medical malpractice law firm in Chicago immediately. A Chicago medical malpractice lawyer will review your case details thoroughly and decide whether or not it is actionable.

Medical malpractice cases are difficult, as they don’t just go after the offending doctor but also the institution they represent, which may have far more resources available to them for defense. However, these cases are not impossible – you just need help from a Chicago medical malpractice law firm.

They will have the experience necessary to understand which cases are worth pursuing and which ones will be too difficult to prove with far too little benefit. It can be difficult to see clearly when you are in the midst of this type of case.

Lawyers will help you see things from an outside perspective so you can make the right choices.

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Work with Experience

You may feel you have a clear-cut case, but this isn’t often true. These cases can be extremely complex and difficult for the untrained individual to navigate. This is why it’s best to search for a medical malpractice law firm in Chicago to take on your case.

The best team of lawyers will help you determine the best course of action and make sure everything goes as planned. While they may not be able to guarantee specific results, they will work hard so you can get the compensation to which you are entitled.

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Even if you aren’t sure whether you have a case, we will meet with you to discuss the specifics of your case. We know which questions to ask, so you can be sure you have the best chance of a successful outcome for your case.

When you work with a Chicago medical malpractice lawyer in our firm, you can get the guidance you need to file the paperwork properly and to represent you in court if necessary.

We will let you know if it is worth pursuing your case and make sure you have the best possible chance of getting the compensation you deserve. If you or someone you love has been injured or killed by a medical error, contact the Law Office of Scott D. DeSalvo right away.

I offer a free, no obligation case consultation.  This way, you can know how your case stacks up and what to expect going forward.

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Here how it goes:

  • You call for free (or I can call you).
  • I listen to your story.
  • I answer your questions & concerns.
  • I tell you my plan.
  • You can hire me or not hire me, your choice.
  • Either way, we end up as friends.

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