Questions? Free Case Evaluation, Operators Standing By 24/7, Call 888-HURT-318 (888-487-8318)

Chicago Medical Malpractice Lawyer

Medical Malpractice?

The Truth About Medical Malpractice Lawsuits
“The first thing we do, let’s kill all the lawyers” – Shakespeare’s Henry VI

You read it everywhere–doctors are being forced out of Illinois by medical malpractice attorneys in Chicago.

But what about the people whose lives are devastated by a medical errors, or whose loved ones are killed by a bad doctor or a mistake at a hospital that was 100% preventable?

Why is the media obsessed with protecting the doctors at the expense of the injured person? Since before even Shakespeare’s time, regard for lawyers has never been high in the public eye…that is, until one is in dire need of legal representation.

The insurance industry is taking full advantage of this public misunderstanding of the vital function of lawyers in American society to propose ineffectual and self-enriching tort reform. The charge for tort reform is being lead on the back of the issue of medical malpractice damage caps.

Chicago Medical Malpractice Lawyer
No other person or entity being sued in any other type of lawsuit from car accident, fall-down accidents, products liability cases, contract disputes, or even violations of Constitutional Rights and discrimination suits receives this “report first” procedural protection afforded to doctors. Damage caps are yet another procedural hurdle the insurance industry wishes to have placed in the way of wrongfully – and catastrophically – injured patients seeking a reckoning.

Currently, in jurisdictions without damage caps, a jury of twelve (as provided in Amendment VII to the U.S. Constitution) listens to all of the law and all of the facts of a particular case, including damages testimony from the injured person, of the plaintiffs treating doctors, of life-care planners who have calculated the precise amount of money that the crippled plaintiffs future care is likely to require, and of economists who have calculated, down to the penny, the amount of money the injured person has lost by no longer being able to work in their former capacity or if the injury is severe enough, at all.

Armed with knowledge, and after hearing all of the defendants exculpatory and damages-reducing evidence, the jury retires and, first, decides whether the doctors conduct was not merely mistaken, and the harm not merely an innocent “bad outcome” but instead, rises to the level of medical malpractice. If, and only if, a jury makes this determination, it must next consider damages, or, how to fix what can be fixed, help what can be helped, and make up for what cannot be helped or fixed.

Already having a pre-suit procedural safeguard to ensure that only cases with merit are filed against doctors, the insurance industry has now turned its attention to the damages aspect of medical malpractice lawsuits. Instead of allowing the twelve people with the most information and knowledge of the case (the jury) to fix a precise amount which is necessary to compensate the wrongfully injured person, the insurance industry is lobbying hard for caps on damages. In other words, instead of leaving a determination on damages up to the people who have heard exactly how and how much the injured person has been damaged, Big Insurance prefers that a silver-spoon legislature makes that decision.

Instead of relief tailored to the particular case, and a jury left to its constitutionally-mandated province, Republicans and their insurance-industry benefactors seek to impose a big-government, one-size-fits-all answer. They don’t trust juries made up of people like you, your friends and your neighbors to decide based on the facts and evidence in each individual case.

Damage caps do not stop frivolous lawsuits. Caps only affect the cases in which a jury of twelve people heard all the facts of the case and decided the injury was so severe and life-altering and the misconduct so blatant that a patient injured by the errors of a health care provider should receive more than $250,000. By definition, that is not a frivolous lawsuit, but a very serious one. Damage caps do not prevent frivolous lawsuits, but instead, ensure that the most catastrophically-injured patients will not be compensated as a jury instructs, thereby limiting their rights.


The strongest, most publicized argument for damage caps in medical malpractice cases is the mythical unavailability of doctors particularly in rural areas, who have supposedly been driven out of business due to soaring malpractice insurance premiums, due to outrageous jury verdict. As appealing as this argument may at first seem, it suffers from a fatal flaw. It is complete fabrication, utter hogwash.

 

Doctors are not fleeing states in droves, despite increasingly frantic and unsupported claims from the American Medical Association, the insurance industry and their allies. Independent assessments by state officials and the media have found that the number of doctors in many states, including Florida, Illinois, Ohio, Pennsylvania and Washington, has remained stable and in most, has actually increased. ( FL, Palm Beach Post Editorial, 7/16/03; OH, Toledo Blade, 7/17/04; PA, Allentown Morning Call, 4/24/04; WA, Seattle Times, 2/23/04).

The 2003 Weiss Report found that despite caps on economic damages in 19 states, “most insurers continued to increase premiums (for doctors) at a rapid pace, regardless of caps.” The report found that insurers failed to pass along any savings to physicians in states with caps by refusing to lower their insurance premiums, and that caps only slowed the increase in the amount of damages insurers were required to pay out. (Weiss Report, 6/3/03.)

Premiums are higher in states with caps than in those without. The average malpractice premium in states without caps was $35,016 in 2003. The average premium in states with caps was $40,381. (Medical Liability Monitor, 10/03)
Medical errors kill an average of 195,000 people a year with an associated cost of more than $6 billion per year – “[t]he equivalent of 390 jumbo jets full of people are dying each year due to likely preventable, in-hospital medical errors, making this one of the leading killers in the U.S.” (“In-Hospital Deaths from Medical Errors at 195,000 per Year, HealthGrades’ Study Finds,” Press Release for “Patient Safety in American Hospitals”, July 2004, www.healthgrades.com)

Office swivel chair

“America spends more on dog and cat food each year than all medical malpractice payouts combined,” said FTCR president Jamie Court, author of Corporateering: How Corporate Power Steals Your Personal Freedom And What You Can Do About It. (FTRC, 7/20/04, www.consumerwatchdog.org/healthcare/pr/pr004485.php3)

“Malpractice costs amounted to an estimated $24 billion in 2002, but that figure represents less than 2 percent of overall health care spending. Thus, even a reduction of 25 percent to 30 percent in malpractice costs would lower health care costs by only about 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small.” (“Limiting Tort Liability for Medical Malpractice,” CBO, 01/08/04)

The median inflation-adjusted payout in all tort (personal injury) cases dropped 56.3% between 1992 and 2001, to $28,000. (“Civil Trial Cases and Verdicts in Large Counties, 2001,” Bureau of Justice Statistics, U.S. Dept. of Justice, 2004.)

The filing of personal injury cases has declined 4% since 1993. (“Examining the Work of State Courts, 2003,” National Center for State Courts, 2004.)

And, perhaps most revealing, the U.S. General Accounting Office (GAO), Congress nonpartisan research arm, examined the insurance industries publicity campaign of lawsuit-induced falling doctor availability. The GAO concluded that “many of the reported physician actions and hospital-based service reductions were not substantiated or did not widely affect access to health care…some reports have received extensive media coverage in each of the five states, we found that actual numbers of physician departures were sometimes inaccurate or involved relatively few physicians,” and at any rate, they “did not find access to these services widely affected.” Rather than concluding that large malpractice verdict drove premiums up (of which the GAO found no evidence), it instead noted that “…malpractice insurers experienced sharply reduced gains on their investments from 1998 to 2001.” (Medical Malpractice: Implications of Rising Premiums on Access to Health Care GAO-03-836.)

If you or a loved one has been injured or killed by bad medical care, you have a right to fair compensation, and you should not feel guilty about it. The wrongdoer should feel guilty. Medical malpractice cases in Illinois are very complicated cases, you need a good lawyer to handle the case for you and your family.

I hope you were helped by this article. If I can be of assistance to you, or if I can answer any questions you might have about medical malpractice, you can contact me HERE.

To find out more, visit: Medical Malpractice in the United States.

If you have been hurt or have questions about an injury case, I offer injured people a copy of my FREE Injury DVD and Book.  Just call me at my 24/7/365 toll free number 888-HURT-318 (888-487-8318)  and ask for the free injury book, and give us you name and mailing address and I will mail it to you free of charge and no obligtion.  Or if you are ready to talk, call that same number and ask to speak with me!

If you have been hurt and have questions, call me for a free consultation.

Testimonials

WOULDN’T TRUST MY CASE WITH ANY OTHER LAWYER!
"I like Mr. DeSalvo. He is very good with his work and very professional. I knew...

[ read more ]

Carmen Cummings
Import/Export and Building Management
Workers’ CompWork Injury
Chicago, Illinois
HE DID THE RESEARCH AND WE WON!
“Mr. DeSalvo takes the time to actually review the case and he helped comfort ...

[ read more ]

Belinda Brickhouse
Disabled
CarAccident
Chicago, Illinois
HE ALWAYS RETURNED MY CALLS!
“I was referred to Mr. DeSalvo by a friend. I Was worried that the other guy h...

[ read more ]

Dennis Bouwsma
Maintenance Man
Car Crash
Homer Glen, Illinois
COURTEOUS AND HELPFUL!
“I have had less than good (terrible) experiences with lawyers. But Mr. DeSalv...

[ read more ]

Joyce Peterson
Retired/Disabled
Car Crash
Chicago, Illinois
MR. DESALVO IS DIFFERENT!
“I ordered Mr. DeSalvo’s CD and read his materials I ordered from his advert...

[ read more ]

Denise Anderson-Harris
Security Officer
Car Crash
Chicago, Illinois
THANK YOU FOR ALL THE WORK YOU DID!
“Dear Scott: I just wanted to drop you a note to say Thank You for all the wor...

[ read more ]

Michelle Benedicta
Editor
Fall Down Case
Hoffman Estates, Illinois
I FEEL GREAT!
“My Mom recommended Mr. DeSalvo to me. I wanted to be sure that everything was...

[ read more ]

Julius Spearman
Drugstore Clerk
Car Crash
Chicago, Illinois
TREATED ME WITH RESPECT…VERY CARING!
“When I first met Mr. DeSalvo, I just knew that he would handle my case. I hav...

[ read more ]

William Miller
Security Officer
Negligence Truck Injury
Chicago, Illinois
GOOD EFFICIENT LAWYER!
“I hired Mr. DeSalvo because the way he presented himself, he seemed like the ...

[ read more ]

Lizella Palmer
Home Health Care
Pedestrian Versus Car
Chicago, Illinois
HONEST SPIRIT!
“I never even met Mr. DeSalvo face to face. I hired him over the telephone bec...

[ read more ]

Fritz LeGros
Musician
Fall Down Case
Chicago, Illinois
DIDN’T USE ‘ATTORNEY-LANGUAGE’!
“I felt comfortable with Mr. DeSalvo because he talked to me about my case in ...

[ read more ]

Christine Bethscheider
Nurse
Motorcycle Crash
Chicago, Illinois
I WOULD HIRE YOU AGAIN!
“Mr. DeSalvo: I’d like to thank you so very much. I am simply moved to tears...

[ read more ]

Maria Forowycz
Physical Therapist
Automobile Crash
Hunter, NY (Chicago, IL)
ONE OF THE GOOD GUYS!
“Please allow me to begin by saying Thank You. You took on my Workers’ Comp ...

[ read more ]

Wendell Murray
FactoryWorker
Work Injury
Chicago, Illinois
NEVER TOO BUSY TO ANSWER MY QUESTIONS!
“To Mr. DeSalvo: Thank you very much for being the attorney that you are. You ...

[ read more ]

Stacy L. Holzendorf
Car Crash
Chicago, Illinois
VERY HAPPY WITH MY EXPERIENCE!
“My fiancée recommended Mr. DeSalvo to me, so I knew I could trust him for a ...

[ read more ]

Pawlina Palij
Homemaker
Auto Versus Pedestrian
Chicago, Illinois
FINALLY HAD SOMEONE ON MY SIDE WHO COULD BE THERE TO FIGHT F...
“Scott, Thank You so much for helping me last week! I saw you there for me, an...

[ read more ]

Sue Nika
School teacher
Employment Dispute
Chicago, Illinois
HE WAS REALLY THERE FOR MY DAUGHTER!
“I had another lawyer on my case but he wasn’t doing or couldn’t do anythi...

[ read more ]

Nicole Palmer
Self-Employed
Car Versus Pedestrian
Chicago, Illinois
TREATED ME LIKE FAMILY!
“I was referred to Mr. DeSalvo and was told that he was the best person to tal...

[ read more ]

Seth Ketchum
Industrial Mixer
Work Injury –Workers’ Comp
Dolton, Illinois
APPRECIATION AND GRATITUDE!
“Dear Mr. DeSalvo: My mother and I wanted to thank you for everything you have...

[ read more ]

Lynette and Mae Tucker
Chicago, Illinois
GREAT LAWYER AND BETTER FRIEND!
“Scott: Thanks for everything! You are a really great lawyer and an even bette...

[ read more ]

Joe and Anne Galvan
Graphic Artist and Sales Representative
Chicago, Illinois
VERY PROFESSIONAL!
“Mr. DeSalvo is a very good lawyer. I did some research before hiring Mr. DeSa...

[ read more ]

Michael Maury
Construction Laborer
CarAccident
Summit, Illinois
MY CASE WAS A SUCCESS!
“A friend of mine told me about Mr. DeSalvo. I was really worried about my doc...

[ read more ]

Tamberia Johnson
Customer Service Representative
CarAccident
Chicago, Illinois
ONE OF A KIND!
“Mr. DeSalvo has a lot of care in him about people. I didn’t worry about any...

[ read more ]

Teresa Martin
Cosmetology
Multi-Car Crash
Chicago, Illinois
GREAT PERSON AS WELL AS A GREAT AND SKILLED LAWYER!
“A family member referred me to Mr. DeSalvo. I came to his office and he was v...

[ read more ]

Michelle Clark
Customer Service Representative
Car Versus Pedestrian
Chicago, Illinois
HONESTY AND CONSISTENCY IN MOVING THE CASE FORWARD!
“I hired Mr. DeSalvo because he came well-recommended to me. Once I hired him,...

[ read more ]

Kim V. Ewing
Secretary
Car Accident and Breach of Contract
Chicago, Illinois
MADE ME FEEL THAT THERE WAS HOPE!
“My Mom recommended Mr. DeSalvo to me. I never hired a lawyer before Mr. DeSal...

[ read more ]

Shakka Bradford
Car Accident
Bank Teller
Chicago, Illinois
I FEEL VERY GOOD ABOUT HOW HE HANDLED MY CASE!
“I hired Mr. DeSalvo because he indicated professionalism to me and I felt tha...

[ read more ]

Charles "Chuck Cannon" Giannone
Premises Liability/Fall Down Case
Journalist
Skokie, Illinois
HONESTY, INTEGRITY AND TRUST!
“I hired Mr. DeSalvo because he is an attorney who really cares about his clie...

[ read more ]

Leroy Bowers
Work Injury/Motor Vehicle Accident
Construction Worker
Chicago, Illinois
BEATS DEFENDANTS AS IF HE WAS THE ONE WHO WAS INJURED!
“I had a case with another lawyer, but they dropped my case after 6 months of ...

[ read more ]

Sinovia Bell
Ceiling Collapse
Medical Administrative Assistant
Chicago, Illinois
EASY TO COMMUNICATE WITH NO AIRS OR SEPARATION BETWEEN LAWYE...
“Mr DeSalvo, thank you very much for handling my case. I appreciate everything...

[ read more ]

Nina Ellison
Car versus Semi-Truck Accident
School Teacher
Chicago, Illinois
HANDLED MY CASE WITH CONFIDENCE!
“Mr. DeSalvo is a good lawyer to talk to. My main concern in my case was getti...

[ read more ]

Ivory Johnson
CTA Bus Accident
Construction Worker
Chicago, Illinois
WASN’T AFRAID TO GO TO COURT TO PROVE THE POINT!
“I had a lawyer before I hired Mr. DeSalvo, but I fired him because the other ...

[ read more ]

Dennis Brown
Car Accident
Forklift Operator
Chicago, Illinois
I COULD FEEL HIS CONCERN FROM THE VERY BEGINNING!
“I had an attorney before Mr. DeSalvo. The day before the trial in my case, th...

[ read more ]

Sharon Scott
Car Accident
Sales Associate
Chicago, Illinois
HE HAD FAITH IN ME!
“When I was considering lawyers, Mr. DeSalvo seemed to know a lot more and tol...

[ read more ]

Cynthia Outler
Car Accident
Homemaker
Chicago, Illinois
OPEN HONEST AND TRUTHFUL!
“Mr. DeSalvo was very open and honest with me, so I felt confident in hiring h...

[ read more ]

Steve Parson
Fall Down Accident
Doorman
Chicago, Illinois
FELT CONFIDENT AND RELAXED!
“Mr. DeSalvo took my case even though I brought it to him long after the accid...

[ read more ]

Guy Oppedisano
Car Versus Pedestrian Accident
Disabled/Chef
Chicago, Illinois
GOOD ATTITUDE AND MAKES YOU FEEL AT EASE!
“I hired Mr. DeSalvo because I trusted him to handle my case with professional...

[ read more ]

Erin Riley-Benson
Fall down/Premises Liability Case
Medical Malpractice Case
Waitress/Homeaker
Lagrange, Illinois
HE WAS THERE FOR US 24/7!
“I hired Mr. DeSalvo instead of another lawyer because of his honesty and will...

[ read more ]

Loren and Melissa Brooks
Medical Malpractice
Truck Driver
Joliet, Illinois
HELPED ME GET THE MONEY I DESERVED!
“Mr. DeSalvo is a very fair lawyer. He will tell you if you have a case and wh...

[ read more ]

Dorothy Hamilton
Car Accident
Security Guard
Chicago, IL
HE MADE ME FEEL CONFIDENT!
“A friend of mine referred me to Mr. DeSalvo, and when I spoke with him over t...

[ read more ]

Vanishia Jamison
Car Accident
Store Manager
Chicago, Illinois
GOT ME A FAIR SETTLEMENT EVEN THOUGH IT WAS A TOUGH CASE
“I was worried about getting paid for my time lost from work injury when I hir...

[ read more ]

John Czaplewski
Car Accident/Medical Malpractice
Medical Office Supervisor
Naperville, Illinois
MAKES YOU FEEL LIKE A FRIEND
“I met Mr. DeSalvo when he was calling my medical office trying to get help f...

[ read more ]

Tina Lunau
Car Accident/Medical Malpractice
Medical Office Supervisor
Naperville, Illinois
5 STAR FIRST CLASS ACT!
I found Scott by looking on the internet. I compared what his website said with ...

[ read more ]

Richard Lange
Workers Comp/Fall Down
Taxicab Driver
Chicago, Illinois
TRULY A STAND UP TYPE OF LAWYER
Mr. Scott D. DeSalvo is an Attorney that you will not regret you hired. He is ve...

[ read more ]

Vivica Hayes
Workers Comp & Car Crash
Book keeper
Burbank, IL
SCOTT WENT ABOVE AND BEYOND
My brother, who is developmentally disabled, suffered an injury due to an accide...

[ read more ]

Katrina Spence-Smock
Fall Down Case
Lawyer
Chicago, Illinois
CARES ABOUT THE CASE AND THE CLIENT
My name is Geannine and I was in a car accident back in 2005. A neighbor referre...

[ read more ]

Geannine Rowe
Car Accident Case
Hairdresser
Cystal Lake, IL

Free DVD Video Answers YOUR Questions!
Name
Email