Medical malpractice is an unfortunate reality; every year, countless people are injured or otherwise suffer due to mistakes and negligent actions by physicians, surgeons and others in the medical field. One of the ways that you can seek compensation for your suffering is through a medical malpractice suit; if you win your case, you could receive compensation for your listed damages.
If you are considering going ahead with a medical malpractice suit, consider the following things you should know.
Hire a medical malpractice attorney
If you intend to file a medical malpractice suit, consult a medical malpractice attorney beforehand—and then enlist their services. Unless you are a lawyer yourself, you will not be well-versed enough in the law to win your case on your own. Medical malpractice is considered especially complex; this is even more true if the case goes to trial, where medical evidence must be presented clearly enough to a jury to provide that damages occurred.
If you are looking for a Medical Malpractice Attorney Chicago, consider an attorney who has experience with these cases and who preferably specializes in medical malpractice suits. You should also look for past client experiences for possible attorneys, and choose one who has won their cases in the past.
Keep your damages realistic—and relevant
A medical malpractice lawsuit is a personal injury lawsuit. And as a personal injury lawsuit, you will sue the defendant for damages. These damages can include: medical bills, lost wages due to the injury, pain and suffering, and emotional distress. However, remember these damages must be directly correlated to the injury to be considered valid for your case. And in some states, damages unrelated to economic/financial loss (such as emotional distress) are severely limited.
For example: Let’s say a negligent surgical mistake resulted in temporary but significant loss of mobility in your right hand. This loss of mobility will require months of physical therapy and possibly surgery. You cannot perform the normal tasks of your job and must take a medical leave until your hand heals. In your case, you could easily claim your medical treatment bills and lost wages as jobs because they are a direct, economic result of medical malpractice.
Think hard before you take a settlement
Most medical malpractice cases settle out of court, typically because hospitals and physicians do not want to spend money on court cases or deal with the resulting publicity. However, not every settlement is desirable: sometimes, hospitals or physicians will attempt to settle quickly because then they is not responsible for any economic damages which occur over a longer time period.
It’s always recommended that you consult with a medical malpractice attorney before you accept a settlement—especially if the medical malpractice occurred recently and there may be lingering effects (such as complications from the injury) which have yet to appear.
