Medical Malpractice FAQs
Medical malpractice cases are complex and require vast resources to pursue those responsible for the damages caused by medical errors. These cases present many obstacles and insurance companies are likely to defend these matters to the fullest extent. When you contact the medical malpractice attorneys at Kupets & DeCaro, P.C. you can rest assured that we will aggressively and efficiently pursue your rights.
Q. Do I need a medical malpractice attorney?
A. You need a medical malpractice attorney for several reasons:
- Medical malpractice involves complicated legal processes. A highly trained and experienced medical malpractice attorney is essential for success. It takes many years for an attorney to acquire expertise in these types of cases. Do not attempt to represent yourself. It is frowned upon by the court and recovery may be hindered. Your good intentions may even end up costing more than hiring legal representation.
- When seeking medical treatment for your injuries, having an attorney gives you the advantage of seeking the most competent doctors without having to pay fees upfront. Knowing an attorney is representing your case gives many physicians the security to treat you. They feel secure that they will be paid when the case settles. This is especially important for a malpractice victim who doesn’t have health insurance and cannot afford the cost of the medical treatment.
- Only an experienced lawyer has the knowledge needed to calculate whether your circumstances warrant pursuing a claim. We will discuss the full nature and extent of the negligence, then calculate the value of your claim. We include pain and suffering and the cost of future treatment and rehabilitation in our calculations. Experience has shown, that without an attorney, most people settle their cases for much less than the true value of their injury claim.
- The most important reason you need an attorney is the fact that insurance companies offer as little money as possible for your injury. Only a competent, aggressive, and experienced medical malpractice attorney has the ability to prove your case and make the insurance company pay the settlement you are entitled to. Insurance companies have a duty to protect and defend the negligent party. They also do their best to protect their own interests saving money. You need someone who is on your side! An attorney will protect your rights as a victim of personal injury through medical negligence.
- Lastly, when you hire a medical malpractice attorney, you don’t have to make phone calls, figure out and obtain the correct forms, attempt to get through to someone with the insurance company, or stay on top of the latest malpractice laws. You merely sit back and feel secure in knowing that you are being represented in the best and most competent manner possible.
Q. What is medical malpractice?
A. When a medical professional acts in a negligent manner while treating a medical condition, and injury or death occur, lawyers call this medical malpractice. Attorneys determine if negligence has occurred by comparing the negligent action with the standard practices of medical professionals with similar training and experience. A medical malpractice attorney’s job is to demonstrate that no rational medical professional with the same qualifications would have provided the same type of treatment as the negligent professional.
Q. Is it hard to find expert physician witnesses?
A. Yes, good physician witnesses can be tough to secure because physicians are reluctant to testify against each other. We have brought in physicians from other states in some cases to overcome this obstacle.
Q. Will my medical malpractice case settle out of court?
A. Most doctors avoid settling medical malpractice claims out of court because it stays on a doctor’s record for the remainder of his/her career. It is preferable for most physicians to take their chances in court.
Q. Does a medical malpractice claim have to be serious before it can be pursued?
A. Yes. Claims that are for less than $100,000 of medical malpractice liability, end up being too costly to pursue.
Q. What does “cap on damages” mean?
A. Some states set a top award for certain types of damages. This is known as a “cap on damages.” Illinois has no cap on compensatory damages for medical malpractice. Caps on non-economic damages exist in Illinois. However, they have been held to be unconstitutional in some cases. Illinois also does not allow punitive damages for medical malpractice.
Other states have differing laws regarding caps on damages. Hiring an attorney well-versed in the laws of the state in which your injury occurred is vital.
Q. What is the statute of limitations for medical malpractice cases in illinois?
A. A medical malpractice suit for personal injury or death against a physician, dentist, nurse, or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury.
Q. How good are the chances that my malpractice lawsuit will be successful?
A. Having a very strong case will greatly increase your chances. National statistics suggest that the physician will win 70% of the time when tried in court. At Kupet & DeCaro, we make sure you have a strong medical malpractice case.
DISCLAIMER: All answers to the hypothetical questions contained herein are provided for informational purposes only and are not intended to be construed as legal advice. Kupets & DeCaro P.C. shall not be liable for any errors or inaccuracies contained herein.