Not every bad medical outcome is malpractice. That is the first thing I tell people who call me, and it is the most important distinction in this area of law. Medicine is imperfect. Surgeries have complications. Medications have side effects. Some patients do not respond to treatment. A bad result, standing alone, is not a lawsuit.
Malpractice requires a deviation from the standard of care. The standard of care is what a reasonably competent physician in the same specialty would have done under the same circumstances. It is not perfection. It is competence. When a doctor fails to order a test that any reasonable doctor in that specialty would have ordered, when a surgeon makes an error that a competent surgeon would not make, when a hospital fails to follow protocols that every hospital follows, that is a deviation.
The deviation has to cause the injury. This is the causation element, and it is where many potential malpractice cases fall apart. I have reviewed cases where the doctor clearly deviated from the standard of care, but the patient would have had the same outcome regardless. A missed diagnosis that would not have changed the treatment or the prognosis is a deviation without causation. It is not a viable case.
Damages have to be significant. Medical malpractice cases are expensive to litigate. Expert witnesses cost tens of thousands of dollars. Record review, depositions, trial preparation, all of it adds up. If the deviation caused a minor, temporary harm that resolved on its own, the cost of pursuing the case may exceed the recovery. That does not mean the doctor did nothing wrong. It means the legal system is not set up to efficiently resolve small-value malpractice claims.
Here is how I evaluate a potential case. I get the complete medical records. I review them myself first, because after almost thirty years, I can identify the red flags. Then I send them to a qualified medical expert in the relevant specialty for a formal review. The expert tells me whether the standard of care was met, and if not, whether the deviation caused the harm. If the answer to both is yes, we proceed. If not, I tell the client straight.
The 2-622 certificate of merit requirement under Illinois law means I cannot file a medical malpractice case without first obtaining a written opinion from a qualified expert. This is a consumer protection measure that ensures frivolous cases do not get filed. It also means that by the time I file your case, I have already invested significant time and money in the expert review and I believe in the case.
If something went wrong with your medical care and you are wondering whether it was malpractice or just a bad outcome, call me at 312-500-4500. That is exactly the question I am trained to answer.
When it comes to selecting a lawyer to handle a medical malpractice case, expertise and experience are key factors to consider. That’s why conducting thorough research on local attorneys is so important. You want someone who knows the ins and outs of this complex area of law and has a proven track record of successfully representing clients in similar cases. Look for attorneys who specialize in medical malpractice and who have years of experience handling cases like yours. Don’t be afraid to ask for references or to read reviews from past clients. With the right attorney by your side, you can feel confident that your case is in good hands.
Hiring a lawyer can be a daunting task, especially if you have never gone through the process before. Fortunately, the internet has made it easier than ever to research lawyers in your area and find out which ones may be best suited to handle your case. One useful tool for this is reading reviews and ratings online. By seeing what previous clients have had to say about a particular lawyer, you can get a good idea of how they work and what their strengths and weaknesses may be. Of course, you should take online reviews with a grain of salt, but they can definitely be useful in narrowing down your choices and making the best possible decision for your situation. So don’t be afraid to take advantage of this resource when looking for a lawyer!
When choosing a lawyer, it’s important to get a sense of who they are and what their qualifications are. No amount of online research can fully capture the level of professionalism, experience, and communication skills that a lawyer possesses. That’s why scheduling a consultation with each lawyer you’re considering is a must. This gives you the chance to ask questions, get a feel for their personality, and see if they’re a good match for your legal needs. By meeting with a lawyer face-to-face, you’ll be able to make a more confident and informed decision about who you want to represent you. Don’t underestimate the power of a consultation – it could make all the difference in your legal case.
You may have a case if a healthcare provider deviated from the accepted standard of care and that deviation caused you harm. Common examples include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, failure to order appropriate tests, and birth injuries. An experienced malpractice attorney can review your medical records with qualified experts to determine if malpractice occurred.
In Illinois, you generally have two years from the date you knew or should have known about the malpractice to file a lawsuit, with an absolute maximum of four years from the date the malpractice occurred (735 ILCS 5/13-212). For minors, the deadline extends to the child's 22nd birthday but no more than eight years after the malpractice.
Medical malpractice attorneys work on a contingency fee basis — you pay nothing upfront and nothing out of pocket. The attorney fee is a percentage of your recovery, and if we don't win your case, you owe nothing. We also advance all case costs, including expert witness fees, which can be substantial in malpractice cases.
Malpractice cases are complex because you need expert medical testimony to prove that the doctor deviated from the standard of care. Illinois law (735 ILCS 5/2-622) requires a certificate of merit from a qualified physician before you can even file the lawsuit. Hospitals and doctors have aggressive defense teams and well-funded insurance companies. That's why you need a lawyer with specific malpractice experience — not a general practice attorney.
Compensation includes past and future medical expenses to correct the harm, lost wages and future earning capacity, pain and suffering, disability and disfigurement, and loss of normal life. In cases involving death, the family can pursue a wrongful death claim. There is no cap on compensatory damages in Illinois medical malpractice cases.
Would you like to know more about how to choose personal injury attorney?
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.
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