Most medical malpractice attorneys in Chicago and the surrounding areas offer free reviews of your case to help you understand if you have a valid claim and be eligible to recover a medical malpractice award. During this free case review, the attorney will evaluate your case and look for the four essential factors of any medical malpractice case:
- Proving duty of care
- Establishing the standard of care and violation of it
- Proving causation
- Establishing financial losses
Without the ability to do all of these things based on the facts of your case, you are unlikely to move forward with your medical malpractice case. The attorney will likely explain the missing elements and how that affects your ability to recover compensation.
Understanding the Elements of a Chicago Medical Malpractice Case
There are four factors you will need to prove in order to move forward with a medical malpractice claim or lawsuit. These are:
Proving Duty of Care
Before you can hold a doctor, clinic, or hospital liable for medical malpractice, you must prove they had a duty of care to treat you. As an example, you will need to show you had a doctor-patient relationship, that you went to the hospital seeking care and the doctor worked on your case, or that the doctor became a part of your care team at some point during the process.
Establishing a Standard of Care and Violation of It
To establish the standard of care and determine how and when your doctor or another medical care provider violated it, we generally need to call in a medical expert witness who has similar training and experience as the doctor overseeing your treatment. This medical professional can:
- Review the facts of your case.
- Give a deposition or make a recorded statement establishing the standard of care and violation of it.
- Sign an affidavit that the doctor violated the standard of care.
- Testify on your behalf if the case goes to trial.
Your relevant medical records and expert witness testimony are two pieces of evidence that help to prove causation in a medical malpractice case. You must be able to show you would not have suffered your injuries and losses if the doctor or other care provider did not commit medical negligence or violate the standard of care.
Establishing Financial Losses in a Malpractice Case
Not only is it necessary to establish that you suffered financial losses as a result of medical malpractice, but it is also important to put a fair value on your case. No matter whether you reach an out-of-court settlement for a payout or if you win an award in court, you will need to be able to make an argument for recovering the full value of your expenses and losses.
In order to reach a fair settlement or award, you will need to collect evidence such as medical bills, receipts, and more. Medical expert witnesses, economists, and others may also testify to help valuate your economic and noneconomic losses.
An Attorney Can Help You Understand the Strength of your Chicago Medical Malpractice Case
If you suffered injuries because of a doctor’s failure to provide the proper standard of care or another type of medical negligence, you should not have to pay for your treatment, time away from work, and other losses. The doctor or hospital should cover these costs.
At Pintas & Mullins Law Firm, we make it our goal to protect medical malpractice victims from suffering any additional losses. You did nothing to cause this and should not be responsible for the financial consequences.
Our team will review your case and explain if we believe you can pursue compensation based on the facts of what happened. If we believe you have a strong case, we will take on your case based on a contingency fee. You will pay nothing up front, and never owe anything out of pocket. We only recover our fee when we get a settlement or award for you.
For a free legal consultation, call (800) 794-0444
Talk to a Medical Malpractice Attorney Serving Chicago Today
If you sustained injuries or your illness worsened because of medical malpractice, you may have a case against a Chicago doctor, hospital, clinic, or another medical care provider. To learn if you may be able to recover a settlement or award based on your case, reach out to an attorney from Pintas & Mullins Law Firm today. We offer free case reviews for all potential medical malpractice victims and do not shy away from tough cases.
Call (800) 794-0444 today to discuss your case with a member of our team for free.