Medical malpractice is probably the hardest to prove when it comes to personal injury cases. Navigating these cases requires extensive legal and medical knowledge.
While it is technically possible for you to sue a doctor or hospital on your own, you should not sue for medical malpractice without a lawyer.
If you decide to go ahead without a lawyer, the chances are high that you will not receive the compensation you are entitled to. It is also very likely that you will not receive any compensation at all.
Below are just some of the reasons why hiring a lawyer should be at the top of your list when filing a medical malpractice case.
Medical Malpractice Law in Illinois
Grounds for a medical malpractice case arise when a doctor or surgeon’s negligence leads to injury or a worsened illness. Therefore, to win your case, you must prove that the provider failed to meet the standard of care expected from their medical field. You must also prove that this breach of duty directly caused your injury or harm.
Illinois law states that a medical malpractice claim must be filed within two years from when you knew about your injury or worsened condition. There is also a hard deadline of four years from when the malpractice occurred. This is known as the statute of repose.
The law also requires you to submit an affidavit of merit with your lawsuit. This affidavit must confirm that you have allowed a qualified medical professional to review your case. This medical professional must agree that your claim has a reasonable basis.
Trying to get this information from the right people will be very challenging without the help of a lawyer.
Moreover, Illinois does not cap compensation for non-economic damages, so you can include this in your claim if applicable. It will, however, be very difficult for you to calculate fair compensation based on medical, economic, and legal principles. You will undervalue your claim if you do not know how these calculations work.
A medical malpractice lawyer can help you understand the laws and limitations that apply to your case. Without a lawyer, you may miss deadlines or omit important documents when filing your case.
Proving Negligence Requires Medical Expertise
You also need a lawyer to help you prove that the medical provider’s actions deviated from the accepted standard of care.
Hence, malpractice cases inevitably include technical and medical terminology and records you may find hard to interpret. A lawyer experienced in medical malpractice will easily work through this terminology and identify where the standard of care has been breached.
If you want to add weight to your claim, you will also need testimony from medical experts. These experts must validate that malpractice occurred. Finding the right people to testify is challenging, considering their testimony must meet legal standards.
Malpractice lawyers have networks of medical experts to rely on for personal injury cases, especially malpractice claims.
It Is Not Always Easy to Gather and Present Evidence
To win your case, you must collect and present evidence properly. Evidence includes medical records, expert opinions, witness statements, and more.
A lawyer can help you get copies of your medical records and other required documentation. If you hire an experienced malpractice lawyer, they will know what to request and how to handle medical facilities that do not want to cooperate.
Your lawyer can present all the evidence gathered in court according to legal requirements and rules. Lawyers structure evidence in a way that shows how malpractice happened and how it caused harm. This helps a judge and jury understand how a healthcare provider’s actions led to your injury or worsened condition.
Moreover, your lawyer will ensure that all the evidence is admissible in court, avoiding delays and other problems.
Avoiding Common Mistakes in Malpractice Claims
A lawyer can also help you prepare the official complaint that should accompany your legal case. An affidavit of merit is part of this process and should be completed by a medical professional. If you do not have this affidavit, your case may be dismissed.
Undervaluing your case is another mistake you must avoid. An insurance provider will waste no time in offering you a lowball settlement if it is clear you have undervalued your case. This is a win-win for the insurer and a lose-lose for you.
Negotiating With Insurance Companies Requires Expertise and Experience
Negotiating with the relevant insurance company is one of the worst parts of filing a medical malpractice case. Handling negotiations on your own puts you at a disadvantage immediately. This is mainly because insurance adjusters are highly skilled negotiators.
They will reduce your claim value and ensure a low settlement offer. Lawyers know all the tactics of insurance companies and prevent them from impacting your compensation.
Insurers also know that a lawyer will not hesitate to take a case to trial if a settlement is not reached. This is often motivation enough for an insurer to offer a fair settlement.
Trial Preparation and Representation
If your case is not settled out of court, you will need a lawyer to prepare your case for trial. Your lawyer will have the necessary knowledge of court rules and procedures, especially when questioning witnesses and presenting evidence.
Your attorney will also know how to build a strong case for you based on evidence and legal requirements. A good lawyer will demonstrate the severity of your injury or medical condition. They will also show how medical malpractice has impacted every aspect of your life.
A Lawyer Increases Your Chances of a Successful Outcome
Having a lawyer on your side improves your chances of getting the compensation you need. If you are a victim of medical malpractice, you will already have to deal with health challenges and medical bills. The last thing you want to do is take on all the stress of a legal case on your shoulders.
If you believe you have been a victim of medical malpractice in Illinois, you first need to consult an experienced lawyer. Their expertise and familiarity with Illinois law will give you the best chance of receiving the compensation you deserve.
