While we are workers’ compensation lawyers for Illinois, we do try to help our clients/callers with any injury issues they have. That’s part of delivering good customer service. It’s also our job as lawyers to analyze every possible issue. So while I don’t personally handle medical malpractice cases, if I suspect someone might have a case, I refer them to one of the handful of Illinois medical malpractice law firms that have a great track record for these cases. If you would like our help in finding the best medical malpractice lawyer for you, call us at 312-346-5578 or fill out our contact form.
It is not unusual for a malpractice case to stem from a work injury with the most common one being brain injuries from a surgical error or some sort of major injury due to a botched back surgery.
Medical malpractice lawsuits are hard. While many firms say that they do these cases, the reality is that only a handful can show a true track record of success with them. These cases are time intensive and cost a ton of money (on average $100,000 I am told) so it’s usually Chicago medical malpractice lawyers who are getting the best results since they can afford to front all of these costs.
Unlike workers’ compensation where you have at least three years to file a case, in Illinois medical malpractice lawsuits you can have as little as one year and as much as eight years from when the malpractice happened to file a lawsuit. It all depends on who the defendant is and how old the victim is. Most cases are two years from the malpractice date, but no more than four years from when it happened, but again it could be shorter or longer.
If you look at the list of biggest malpractice verdicts in the last five years, it’s around ten firms that get most of the great results. Some are better for birth injuries. Others are better for a failure to diagnose cancer. Some do well with brain injuries. Some firms seem to only take cases in Cook County while others will go anywhere.
The point is that there is no one best law firm for Illinois medical malpractice lawsuits, but instead a handful that give you the best chance of success. You certainly don’t want a firm without a track record to take on your case.
Unlike workers’ compensation or car accident cases, almost every malpractice case involves a catastrophic injury. That’s because of the costs and time involved. We will talk to you about any case, but even with negligence by a doctor or hospital, if you don’t have something like death, permanent disability, brain damage, loss of a limb, etc., it can often not be worth taking the case.
Cost wise, if any law firm asks you for a penny up front for expenses, they are the wrong firm for you. The only expense you should have on a case is getting the medical records. The law firm should pay for all of the expert fees, deposition costs, etc. They get reimbursed when they win. Their fee, set by Illinois law, is 1/3 of what they recover for you.
Because there can be numerous defendants on a case and often each defendant has their own law firm, it’s not unusual for these cases to take years to complete. While I can file a work comp case the day you call me, it takes on average six months from the date you first call for a law firm to properly investigate a case and file a lawsuit. It can’t be done without an affidavit from a doctor supporting that malpractice has occurred.
This is a mouthful and we’ll get back to blogging about work comp after this. Bottom line is that we know the best lawyers for these cases. That doesn’t guarantee you a result, but does give you the best chance of success. If you want to know who we think is right for you just give us a call.