Medical malpractice cases are the most complex, most expensive, and most time-intensive cases in personal injury law. If you are considering hiring a lawyer for a malpractice case, you should know exactly what the process looks like so there are no surprises.
The first step is the records review. When you call me, I will ask you to sign authorizations so I can obtain your complete medical records from every provider involved. This includes hospital records, physician office notes, imaging studies, lab results, pathology reports, operative notes, and nursing documentation. Depending on the complexity of the case, gathering these records can take four to eight weeks. I review them myself first because after almost thirty years, I know what to look for.
The expert review comes next. Under Illinois 735 ILCS 5/2-622, I cannot file a medical malpractice case without a certificate of merit from a qualified expert in the same specialty as the defendant. I identify the right expert, which often means reaching out to physicians at academic medical centers who are current in the relevant standard of care. I send them the complete records along with a detailed summary of the case. The expert reviews everything and provides a written opinion on whether the standard of care was met and whether the deviation caused the injury. This review typically costs five thousand to fifteen thousand dollars, which I pay upfront.
If the expert confirms a viable case, I prepare and file the lawsuit. The complaint includes the 2-622 affidavit and lays out the specific deviations from the standard of care. Filing triggers the litigation phase, which includes written discovery, depositions of the defendant physicians, depositions of the plaintiff and treating physicians, and retention of additional experts as needed. Medical malpractice litigation typically takes eighteen to thirty-six months from filing to resolution.
Discovery is where the case is built or broken. I depose the defendant doctors and nurses under oath. I ask them to explain their decision-making. I confront them with the medical records that contradict their narrative. I depose their experts. I take the depositions of your treating physicians to establish what happened to you and how the malpractice affected your life. This is detailed, painstaking work, and it is where experience matters most.
Most malpractice cases settle before trial, but only after enough discovery has been completed to show the defense that the evidence against them is strong. The settlement negotiations in malpractice cases are different from other personal injury cases because the amounts are larger, the insurance towers are higher, and the defense is more aggressive. Having a lawyer with trial experience changes the dynamic because the defense knows you are willing to go all the way.
If you think you have a malpractice case, call me at 312-500-4500. The consultation is free, and if I take the case, you pay nothing unless we win.
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.
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.
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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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.
A strong case has three elements: a clear deviation from the standard of care (the doctor did something wrong or failed to do something they should have done), causation (the deviation directly caused harm to the patient), and significant damages (the harm resulted in substantial medical bills, lost income, pain, or permanent impairment). You also need credible expert witnesses who will testify about the standard of care violation.
Nothing upfront. Medical malpractice attorneys work on a contingency fee basis, meaning we only get paid if we win your case. We also advance all litigation costs — including the substantial fees for expert medical witnesses — so you never pay anything out of pocket. If we don't recover compensation for you, you owe us nothing.
Medical malpractice cases are expensive and risky to pursue. Expert witnesses alone can cost $25,000 to $100,000 or more. The defense will have aggressive attorneys and well-funded insurance companies. Not every medical mistake qualifies as malpractice under the law. Experienced malpractice firms carefully screen cases and only take those where the evidence supports a viable claim.
We handle all types including misdiagnosis and delayed diagnosis (especially cancer), surgical errors and wrong-site surgery, birth injuries (cerebral palsy, Erb's palsy), anesthesia errors, medication mistakes, emergency room errors, hospital-acquired infections, and failure to treat. We represent patients throughout Cook County and all of Illinois.
Most medical malpractice cases take 2 to 4 years from filing to resolution. The process involves extensive discovery, depositions of medical experts, and often mediation before trial. More complex cases can take longer. While the timeline can be frustrating, thorough preparation is essential to maximizing your recovery.
Would you like to know more about the medical malpractice lawyer chicago?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500.
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
No Fee Unless You Win | Free Consultation | 24/7 Availability Call or Text: (312) 500-4500
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