Chicago Medical Malpractice Lawyers

Types of Medical Malpractice Claims

Just as there are a wide range of medical procedures, there are several types of medical malpractice claims. A few of the most common medical malpractice claims include the following:

• Hospital infections
• Delayed diagnosis
• Anesthesia errors
• Lab testing and diagnostic errors
• Surgical errors
• Failure to treat
• Misdiagnosis
• Medication errors
• Failure to follow-up
• Birth injuries
• Procedural errors
• Failure to diagnose
• Prescription drug errors

How to File a Medical Malpractice Claim

Filing a medical malpractice claim is an extremely complex undertaking. However, an experienced medical malpractice attorney can guide you through every step of the claims process, including:

• Consultation – Your first meeting with a medical malpractice lawyer is very important. You will be able to discuss your injuries and the reasons why you believe they were the result of medical malpractice. The attorney will be able to review the details of your situation, determine if you have grounds for a case, and advise you on available options and next steps. In addition, the lawyer will be able to review the date of the incident or incidents and determine whether you’re still within the statute of limitations to file a claim.
• Investigation – If you and your attorney decide to pursue a claim, the next step will be to conduct of thorough investigation. This will involve gathering and reviewing medical records and any other evidence. Your attorney may bring in medical experts to review your case. They will be able to determine if any standards of care were violated, and if so, how those violations may have led to your injury. The results of this investigation will help determine the strengths and weaknesses of your case.
• Witnesses – This will include any witnesses to the actual incident who can support your claim as well as expert witnesses who can back your case. The expert witnesses will be given the details of your case, so that they can prepare expert opinions that support your claim.
• Pre-Trial – During this phase, both the prosecution and the defense will continue to gather evidence, conduct depositions, and file and respond to any legal issues that arise.
• Settlement Negotiations – In some cases, during the pre-trial period, one side or the other will reach out with a settlement offer. The attorneys for both sides will generally handle settlement negotiations. If an agreement can be reached that both sides find reasonable and fair, then a trial may be avoided. However, if the sides cannot agree to a settlement, the trial will proceed as planned.
• Trial – Some trials involve a jury while others only involve a judge. Either way, your attorney will make sure they and you are prepared for the trial and any of the opposition’s defense strategies.
• Appeals – The trial will generally either conclude in a verdict in favor of the prosecution or defense, or in a mistrial if the jury cannot decide. If a verdict is reached, the side that loses, may try to appeal the verdict. In some cases, this can lead to a verdict being adjusted or a new trial.

Whether a new trial is granted because of an appeal or not, eventually, your case will end. Most likely, your case will end in either a settlement or a final verdict. If there’s a settlement or the trial ends with a verdict in your favor, you will be awarded compensation. If your claim ends in a settlement, you may be asked to sign an agreement releasing the defendant from future liability. That means that if your condition gets worse, you cannot sue them for more compensation, and that if your condition improves, you do not have to return any portion of the compensation you received.